By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Physicians often consult us after their case is over and an adverse National Practitioner Data Bank (NPDB) report has been submitted on them. In many cases, it was because the physician allowed her or his clinical privileges or employment at the hospital to end without applying for renewal and requesting a hearing. Sometimes the hospital or medical staff will make promises to the physician that if he or she just resigns and goes away, then nothing will be reported. It is very dangerous for a physician to rely on such promises, as they are rarely legally enforceable and often result in adverse NPDB reports.
If a Complaint, Peer Review Action, or Investigation is Pending, Resigning May Be Reported in the Same Manner as the Revocation of Clinical Privileges.
Unfortunately, the law states that if a complaint, peer review action, or investigation is ongoing, a resignation can be reported in the same manner as a revocation of clinical privileges, even if the physician was unaware that it was pending. Also, even if the physician was promised there would be no such report, there is case law that has held that such a promise is not enforceable since federal law requires such reports to be made.
Therefore, if you are aware that a complaint has been made against you, that a peer review case has been opened against you, or that an investigation has or may be opened against you, you should see it through to the end. You should defend yourself. Only after all proceedings have been completed, you have been cleared of wrongdoing, and your clinical privileges have been reinstated will it be safe to resign.
Also remember, when an adverse report goes to the NPDB, the law requires that the NPDB submit it to the state licensure boards of the person being reported. Regardless, the NPDB itself will also report the matter to your state licensing boards. Then you will usually find yourself defending yourself in multiple additional actions.
Request Renewal/Extension Despite Denial.
Yes, even if you have been advised by someone on the hospital or medical staff that such action will be fruitless, you must do it anyway. You should also make it clear, in writing, that you are not willing to give up any of your fair hearing rights, rights under your medical staff bylaws, or due process rights guaranteed by state and/or federal law. State that you desire a hearing and do not waive your right to a hearing even if your clinical privileges are not renewed or your employment does not renew.
Obtain the Advice of an Experienced Healthcare Attorney.
More importantly, you should obtain the services of an experienced healthcare attorney, one familiar with medical staff bylaws and clinical privileges hearings. They are out there; you just have to search for them and find them. This is the only way you can be sure your rights are being protected.
There may be other ways out that make a fair hearing moot or that can terminate an investigation short of adverse clinical privileges actions. However, you will usually need the assistance of an experienced health lawyer to work through these.
The Attorneys of The Health Law Firm Are Experienced with the NPDB and Clinical Privileging Actions.
It is crucial to have good legal advice from experienced healthcare attorneys when facing any of the situations discussed above. They can advise you no matter what state you are in. They can advise you even if you are a Veterans Administration (VA) physician, a military or DOD physician, or an Indian Health Service (IHS) physician.
Don’t Wait Until It’s Too Late; Contact Experienced Health Law Attorneys.
The Health Law Firm attorneys routinely represent physicians, physician assistants (PAs), nurses, nurse practitioners (NPs), dentists and other health professionals in dealing with reports being made to the NPDB, disputing NPDB reports and appealing NPDB reports. They also handle hospital clinical privileges hearings, medical staff fair hearings, and medical staff peer reviews. Its attorneys include those who are board-certified by The Florida Bar in Health Law, as well as licensed health professionals who are also attorneys.
To contact The Health Law Firm, please call (407) 331-6620 or toll-free (888) 331-6620 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 Avenue, Suite 1000., Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2025, George F. Indest III, The Health Law Firm. All rights reserved. No part of this work may be reproduced in any form in any medium without the express written permission of the copyright holder. The copyright holder reserves the exclusive right to have his name associated with this work.
