The whole of complaints filed with the Texas medical Board and Texas Board of Nursing has greatly increased over the past several years. This influx of cases is due largely to Texas legislation that capped the whole of non-economic damages that patients could recover in a medical malpractice lawsuit against physicians, nurses and other condition care providers. And while Texas became a more welcoming state for physicians who appreciated the lower malpractice guarnatee and the lessened threat of a lawsuit, more patients now feel that their grievances are better addressed straight through the medical or nursing boards instead of the courtroom. Will you be ready if you receive a written observation of investigation into a complaint?
Your attorney positively should get ready you for what will happen when you find yourself in front of the medical or nursing board, but I would like to share my guidance on the coming you should take from the moment you find out that you will be meeting the panel.
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The "Dos"
1. Do dress professionally
You may believe you are demonstrating a dedication to your profession by arriving at your hearing in scrubs or wearing a stethoscope, but there will be other opportunities to prove that you are a serious member of the medical community. Instead, the firm attire that you would wear in any courtroom setting should be your clothing of choice for this leading day.
2. Do be willing to admit to error
The board will be more lenient if you retort that maybe your best efforts were not demonstrated during the instance in question. As with Americans and their elected leaders, an honest apology goes a long way in mending a wrongdoing. Of course, your legal counsel should be very faithful in advising that you to not testify to matters that may be self-incriminating or self-indicting.
3. Do reinforce your position with documentation
The best way to avoid your day in front of a board panel is to be faithful in your words, actions, and decisions. Nurses need to know everything inherent about their responsibilities regarding report keeping, how to furnish optimal patient safety, and the procedures to succeed when leaving an assignment. Doctors must always be polite and honest with patients, and be standard in documentation and reporting. A solid paper trail that supports your side of the story is one of the strongest weapons that you have at your disposal.
4. Do accept the decision of the board panel
Once both sides have presented the facts, witnesses have spoken, and you have had a chance to share your recollection of the incident, the board is going to issue its decision. If the complaint against you is found to have merit, the panel will share its recommendation for a penalty. You still will find that there is some room to negotiate. And if that fails, you will have the chance to motion the decision to the State Office of menagerial Hearings (Soah), at which time an menagerial law judge will be assigned to the case and a more formal trial ideas takes over.
The "Don'ts"
1. Don't ignore notices from the boards
Like the electricity bill and those weekly phone calls from your mother, notices that you receive from the medical or nursing board must receive a response. Pretending an allegation against you does not exist is not a wise way to speak your innocence.
2. Do not circumvent the chain of command
Perhaps your beloved cousin is a staffer for your state representative and you think that a good word from the legislator would make this problem disappear. Or, you are considering a phone call to the local newspaper to share the unfair accusations that are being made against you. Do not circumvent the process. Be a strong advocate for yourself, but do so within the legal system.
3. Do not expect your attorney to do most of the talking
The members of the board panel want most of the discussion to be directly with you. You must be thoroughly ready on the facts of the complaint; the details can be presented on your behalf, and your version of the events that prompted the hearing in the first place. If you permanently defer to your legal counsel, your competence and trust in your own actions will be questioned and remain under serious scrutiny.
Conclusion
To be certain, no medical expert wants to be brought before a retell board to defend his or her practices against the complaints of an unhappy patient, medical expert colleague or employer. However, if you find yourself in that situation, you want to know that you are taking every step inherent to insure the best outcome. Your license, livelihood and prestige as a physician or nurse may be at stake. By knowing what to expect before that board observation ever arrives in the mail, you are creating the circumstances for a pleasant resolution to the complaint process.
Do's and Don'ts When Appearing Before the curative Board Or Board of Nursing