For healthcare professionals, both license complaints and malpractice lawsuits can be career-defining challenges. While they sometimes arise from the same incident, they often involve different processes, consequences, and defense strategies.
Familiarizing yourself with the distinctions is vital for protecting your professional standing. Here’s what you need to know if you’re facing license complaints, including how a medical license defense lawyer can help.
The Nature of a License Complaint with the Medical Board
A license complaint is a formal allegation filed with a state medical board or regulatory agency. A patient, co-worker, supervisor, or third-party may file such a complaint when they believe that professional misconduct or a violation of ethical standards occurred. Violating state laws governing medical practice may also warrant a licensing complaint.
Unlike malpractice lawsuits, the focus of a license complaint is not on financial damages. Instead, the outcome of the complaint will determine whether you are fit to continue practicing in your profession. A negative outcome may result in a license suspension or revocation, so the stakes are uniquely high for your career and reputation.
What Is a Malpractice Lawsuit?
A malpractice lawsuit is a civil action brought by a patient or their loved one who claims to have suffered harm because of negligence or substandard care. The goal is usually monetary compensation for the injury, pain, suffering, or other losses.
While malpractice cases are typically handled in civil court, they can indirectly affect your license if the outcome raises questions about your professional competence. For instance, the licensing board in your state could launch an investigation during or after the medical malpractice lawsuit. Even if you win the lawsuit, you could still face disciplinary action.
How Licensing Boards Handle Complaints
When a license complaint is filed, the board generally opens an investigation. Licensing boards may interview you, the complainant, and other parties.
The board may also review documents related to the matter and make a request for patient records. Licensing boards typically have notification requirements, meaning they have to notify you when an investigation is being opened.
Once you are notified about an investigation against you, it’s important to hire a medical license defense attorney right away. Licensing boards are concerned with public safety and maintaining the integrity of the profession. An experienced lawyer can help demonstrate the value you provide to patients and the profession as a whole.
How the Court System Handles Malpractice
In most cases, a malpractice suit is either settled early on or decided in civil court. If a claim makes it to court, a judge and jury will decide whether the complainant is entitled to compensation based on the facts of the case.
Plaintiffs must prove that you owed a duty of care and breached that duty. They must also show that measurable harm occurred.
During a malpractice case, the plaintiff’s legal team will often hire expert witnesses to testify on the client’s behalf. The discovery process can be extensive, meaning it may take months to resolve your case. While your malpractice insurer may provide legal representation, they might not be specifically trained to advocate for your license when it comes to the board hearing during or after the malpractice case.
The Differences in Consequences
In a malpractice claim, the worst-case scenario is usually a financial judgment against you. Your insurance company will often pay out the amount owed to the plaintiff.
With a license complaint, the worst-case scenario can be losing your ability to practice altogether. If the board revokes your license, you will no longer be able to work in your field in that capacity. Since the stakes are so high, many professionals prioritize defending their license above all else.
Standard of Proof Requirements
Another distinction lies in the burden of proof. In malpractice cases, plaintiffs must meet a preponderance of the evidence standard. This means that they must show that you more likely than not caused the harm.
Licensing boards are not always bound by these same standards. This means you could avoid liability in civil court but still face disciplinary action from your board.
When License Complaints and Malpractice Law Overlap
Sometimes, one event triggers both a malpractice lawsuit and a license complaint. For example, a surgical complication could lead a patient to sue for damages while also filing a complaint with the medical board. That could be a huge blow to the provider’s reputation, even if they overcome both sets of allegations.
In these cases, the two processes may run simultaneously but follow different timelines and rules. Because the legal team provided by your insurance company will focus its attention on the malpractice claim, a medical license defense lawyer is essential for managing any action against your license.
Why Insurance Coverage Differs
Many malpractice insurance policies cover the defense of civil lawsuits but exclude or limit coverage for administrative proceedings like license complaints. Even if some coverage is available, it may not be enough to fully protect your interests before the board.
That’s why it’s important to have independent representation from a medical license defense lawyer who focuses on licensing matters, not just civil litigation.
Protecting Your Reputation in Both Arenas
In both scenarios, your reputation is at stake, but in different ways. A malpractice verdict can become public record and harm your credibility with patients, while a license suspension or revocation can make it nearly impossible to continue in your profession.
Working with a skilled attorney ensures that you take the right steps to preserve your standing both legally and professionally.
Speak With a Medical License Defense Lawyer Today
Unlock Legal offers personalized representation tailored to the unique challenges of the different medical board investigators and malpractice claims if you are a physician, nurse, admin, etc. Our attorneys understand how to address investigative concerns, present mitigating evidence, and advocate for corrective actions over punitive measures. We can also coordinate with your malpractice counsel to ensure a consistent and strategic defense across both cases.
Has someone filed a complaint against your healthcare license? Don’t let these allegations threaten your professional future or leave you facing board discipline alone. Contact Unlock Legal to speak with an experienced medical license defense lawyer today.