Failing to Cooperate, Worse Than Underlying Conduct - State Medical Board of Ohio Board Meeting

Failing to Cooperate, Worse Than Underlying Conduct

On August 13, 2014, the State Medical Board of Ohio reaffirmed a long standing policy when ordering an indefinite suspension to a physician who failed to cooperate with a Board investigation.

The underlying issue in the case involved a single patient simultaneously obtaining prescriptions from multiple providers. "Dr. T.” was one of the providers duped by the drug seeking patient. From the hearing record, Dr. T. had significant exculpatory and mitigating evidence in support of his clinical care to the patient. However, when contacted by Board investigators, Dr. T. repeatedly ignored requests for information. It is possible that Dr. T. would have an unrestricted license today if he had only demonstrated compliance with the Board.

Often, medical professionals find the prospect of speaking with Board investigators intimidating and daunting. These feelings are not unjustified. However, doing nothing has the potential of bringing an even greater negative impact on the medical professional’s ability to practice.

            

Most law firms, including Graff & McGovern, L.P.A., provide free initial consultations. The advice and assistance of experienced legal counsel can potentially save medical professionals hundreds of thousands of dollars in lost revenues relating to formal Board proceedings. (Including the adverse impact from suspension of professional licenses, loss of staff or admitting privileges, exclusion from participation in third-party reimbursement programs, etc.) But the embarrassment and stigmatism of a formal disciplinary action accompany all cases even when lost revenue is minimal.

            

Speaking to Board investigators without first consulting competent legal counsel is unadvisable, but ignoring a Board investigation can potentially be much worse to the licensee or applicant, as Dr. T. now knows. If you have specific questions, or if you have been contacted by a Board investigator and desire a free consultation, please call Graff & McGovern, L.P.A., today at (614) 228-5800.