The relationship between professional licensing boards and medical malpractice claims is important.
If you are facing a medical malpractice claim, it’s important to know what impact it could have on your professional license.
1. Medical malpractice claims may be filed in civil court.
In a medical malpractice case, the plaintiff must prove that the doctor was negligent and that this negligence caused harm.
There are two types of medical malpractice cases: filing a claim in civil court and filing a complaint against professional licensing.
Filing a claim in civil court is different than filing a complaint against professional licensing.
If the plaintiff wins, he or she may receive damages from the physician who harmed him or her through negligence (and possibly his/her employer).
However, suppose an administrative agency finds that a physician has committed unprofessional conduct and determines this misconduct warrants discipline.
In that case, they may revoke or suspend his license to practice medicine and impose other sanctions such as fines, penalties, or corrective actions.
These disciplinary actions can be appealed through an administrative appeal process which takes place before another independent panel called an “adjudication panel.”
2. Medical malpractice claims and professional licensing are related, but they are separate entities.
Professional licensing agencies are responsible for administering professional licenses and certifications. They have jurisdiction over medical professionals, such as doctors and nurses, who are licensed to practice their profession.
This means that if you hold a license from one of these agencies and you commit malpractice, they may suspend or revoke your license. They can also impose fines on you and even issue a reprimand or censure if appropriate.
3. If you are facing a medical malpractice claim, your professional license could be affected.
If you are found guilty of malpractice and lose the claim, this may result in disciplinary action by your state’s licensing board.
The board will decide whether or not they should take action against your license based on their own policies and guidelines.
If they choose to revoke or suspend your license as a result of the judgment against you due to medical negligence, several steps can be taken to appeal that decision.
Learn more about that here.
4. Filing a malpractice lawsuit is different from filing a complaint against your license.
The difference between filing a malpractice claim and filing a complaint against your license is that you have to file the former in civil court. In contrast, the latter is usually filed with professional licensing boards.
Malpractice claims are not related to professional misconduct; they’re separate issues that must be addressed separately by different entities.
However, losing either type of case could have serious consequences for your career!
5. The threat of losing your license can have a big impact on malpractice insurance rates.
The threat of losing your license can have a big impact on malpractice insurance rates.
If you’re in a profession with a high risk of being sued and facing the possibility of revoking your license, you’ll pay more for malpractice insurance than someone with a lower risk of being sued.
In some cases, this may mean that even if your premiums are slightly higher than those of other professionals with similar backgrounds, it’s still worth paying them because doing so will help protect you against lawsuits and keep your career afloat.
Learn more about the costs of malpractice insurance here.
6. A malpractice claim must be reported to state licensing boards.
In some states, medical malpractice claims are treated differently from other types of claims. For example, in California and New Jersey, a claim must be reported to the state licensing board within 30 days of filing it, or else you could face fines for failing to report it.
Make sure you do your research to know what the laws are in your own state so that you can follow them to prevent any further disciplinary action.
7. Professional licensing boards have jurisdiction over medical professionals
Professional licensing boards are independent of the courts and state and federal governments and can take action against a medical professional even if a malpractice claim was dismissed.
Licensing boards can reprimand or revoke your license to practice medicine if you’ve been found liable for malpractice in court, even if that judgment has been appealed or overturned on appeal.
Conclusion
These facts are important for medical professionals to know. Malpractice claims are a real issue for any physician, whether they do their utmost to provide a high standard of care or not.
Protect yourself and your career by being informed and following your local laws.
