MYTH | REALITY
Ten Ways Disciplinary Review Catches Institutions and Practitioners by Surprise
MYTH #1: I CAN NAVIGATE THE DISCIPLINARY REVIEW PROCESS ON MY OWN.
REALITY: Experienced advisors can prove invaluable in ensuring your rights to a fair hearing and due process are protected - as well as best positioning you to move forward.
MYTH #2: HOSPITALS AND MEDICAL EXECUTIVE COMMITTEES ARE INSULATED FROM LIABILITY WHEN CARRYING OUT THE DISCIPLINARY REVIEW PROCESS.
REALITY: Procedural mistakes or unchecked actions taken by hospitals or medical executive committees can lead to monetary damages for both the hospital and the individuals serving on those committees.
MYTH #3: A PHYSICIAN’S RIGHT TO DUE PROCESS IS SPELLED OUT IN THE MEDICAL STAFF BYLAWS.
REALITY: There is no guarantee that the medical staff bylaws will have the necessary information regarding due process, and they may actually contain timelines or language that preclude it.
MYTH #4: THE NATIONAL PRACTITIONER DATA BANK (NPDB) WILL CONSIDER A SHAM PEER REVIEW IN THEIR DECISION ON WHETHER OR NOT TO REMOVE A REPORT.
REALITY: The NPDB does not have an investigative function and will accept what is submitted by the reporting entity as absolute fact.
MYTH #5: MEDICAL EXECUTIVE COMMITTEES AND CHIEF MEDICAL OFFICERS ARE TRAINED IN PROFESSIONAL REVIEW, IMPLEMENTATION OF NEGATIVE ACTIONS, AND NPDB REPORTING.
REALITY: Physician leadership and even hospital administration often have little to no training in these areas which can lead to potentially catastrophic and costly damages.
MYTH #6: I’M A GOOD DOCTOR. I WILL NEVER BE ONE OF THOSE UNDER INVESTIGATION.
REALITY: One of the biggest mistakes a physician can make is thinking “this won’t happen to me.” Even the smallest misstep can lead to a negative disciplinary action including immediate restriction or suspension.
MYTH #7: THE “OLD BOYS CLUB” MENTALITY NO LONGER EXISTS.
REALITY: The medical field is largely a male dominated field, especially in positions of leadership.
MYTH #8: THERE ARE MANY ATTORNEYS WHO SPECIALIZE IN THE PHYSICIAN DISCIPLINARY REVIEW PROCESS AND NPDB MATTERS.
REALITY: While there are many lawyers who handle medical malpractice cases, there are very few with expertise in the disciplinary review process and NPDB.
MYTH #9: THERE ARE CHECKS AND BALANCES IN PLACE TO ENSURE FAIR TREATMENT OF A PHYSICIAN UNDERGOING A REVIEW OR INVESTIGATION.
REALITY: Many hospitals either do not have a disciplinary review process in the medical staff bylaws or have one that does not represent the possibility of a fair outcome for a physician under investigation.
MYTH #10: PHYSICIANS ON THE NATIONAL PRACTITIONER DATA BANK ARE BAD DOCTORS.
REALITY: There are many good doctors on the NPDB that have been reported based on an improper professional review process resulting in negative actions.