VA Physicians and Health Professionals Should Fight Allegations of Substandard Care in Peer Review Matters

Friday, January 25, 2013

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

I have represented physicians, psychologists, nurse practitioners, nurses and other health professionals working in Veterans Administration (VA) medical centers and clinics throughout the United States.  My representation has included personnel and employment issues, disciplinary actions, investigations, peer review investigations, clinical privileges actions, fair hearings, National Practitioner Data Bank (NPDB) actions and appeals.

If a complaint involving allegations of lack of clinical competence or skill is made, it is extremely important for the physician or nurse practitioner to retain the services of an experienced health lawyer to represent him or her immediately.  This is not the time to seek the cheapest attorney you can find.  You need skilled representation by an advocate who knows medical terminology, understands medical issues and procedures, knows physicians, and has experience with fair hearings.


What are Your Rights?

VA Handbook 1100.19, Credentialing and Privileging, requires that the VA hospital afford you due process of law and fundamental fairness at every step of the process in any clinical privileges action.  This includes timely advance notice of the specific allegations made against you, the evidence that is to be used against you, legal representation, advance notice of witnesses and documents that may be introduced against you, the opportunity to prepare a defense to the allegations, the right to cross examine witnesses, the right to introduce evidence (documents and witnesses, including expert witnesses) in your defense, a neutral and unbiased hearing panel, and other such rights.  Attorneys who are not familiar with such hearings may be unaware of your rights or how to properly exercise and safeguard them.


Take Care of Your License.

Don’t seek legal advice from your colleagues, from your accountant or from an attorney who does not specialize in such matters. We don’t recommend shopping around for the cheapest attorney you can find.  Please do not hire a personal injury attorney, a civil litigation attorney, and employment law attorney or any other attorney without health law experience.  Your professional life, career and medical license are at stake.  You are in the fight of your life.  Treat it as such.

If you were diagnosed with a brain tumor, would you attempt to perform your own brain surgery?  Would you shop around to find the cheapest neurosurgeon to perform the surgery?  Or would you look for the best?  Yet, physicians routinely believe they can represent themselves in such matters.  In our experience, this simply is not the case.

Contact an Experienced Health Law Attorney First.

Far too frequently we are contacted by physicians after the investigation has been completed, after the hearing has been held and after the physician’s clinical privileges have been revoked.  Except for an appeal on narrow grounds, little can be done.

If the VA revokes your clinical privileges, by regulation, this will be reported to the NPDB and to every state in which you have a license.  The NPDB report remains on your file for 50 years.  Any time in the future you apply for clinical privileges, for a medical license or for medical malpractice insurance, this report will come up and cause you serious problems.  It is extremely difficult, if not impossible, to obtain employment or to obtain clinical privileges in any hospital or institution with such a NPDB report on your file.  Additionally, any state in which you hold a license will also open an investigation against your medical license.

NPDB reports can be mitigated by filing an explanatory rebuttal (as is your right) or by filing a request for a Secretarial Review (appeal).  We can do this for you.  However, it is best to prevent a NPDB report from being filed to begin with.


Contact a Health Law Attorney Experienced in the Representation of Veterans Administration (VA) Physician Representation and Military Physician Representation.

The attorneys of The Health Law Firm have represented physicians, psychologists, nurse practitioners, nurse and other health professionals working in Veterans Administration medical centers and clinics throughout the United States.  Representation has included personnel and employment issues, disciplinary action, investigations, peer review investigations, clinical privileges actions, fair hearings, National Practitioner Data Bank (NPDB) actions and appeals.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.


Tag Words: Veterans Administration (VA), VA hospital, Veterans Administration physician representation, Military physician representation, personnel and employment issues, disciplinary actions, peer review investigations, clinical privileges actions, fair hearings, National Practitioner Data Bank (NPDB), physicians, nurses, defense attorney, defense lawyer


"The Health Law Firm" is a registered fictitious business name of George F. Indest III, P.A. - The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

1/25/2013

Comments:

Response to: VA Physicians and Health Professionals Should Fight Allegations of Substandard Care in Peer Review Matters
Monday, March 25, 2013
Pavel says:

don’t agree with you on this one, based on what limited knoegwdle I have of the purpose the NPDB is supposed to serve. A doctor could make a string of mistakes and disclose them promptly each time, but if there is a pattern of errors, there is a quality issue that future potential employers need to be aware of. By implying that there be some kind of quid pro quo — disclose, and the event is not recorded in the NPDB — you may benefit the patients to whom an error by the Doc has already caused harm (by encouraging disclosure and settlement) while simultaneously placing at risk (by not reporting) future patients. This is against the spirit of “disclosure.”

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