Presentation to the Capital Medical Society: Top 10 Avoidable Things that get Healthcare Practitioners in Trouble

The attorneys at Howell, Buchan & Strong are pleased and honored to be a sponsor of the Capital Medical Society (CMS), here in Tallahassee, Florida where our Firm is headquartered.  Our goal is to educate health care professionals about Florida health care laws and to be a part of our local physician community.

Last night, attorneys and staff of Howell, Buchan & Strong had the pleasure of attending a CMS membership meeting. Our attorney, John Wilson, provided a presentation on the Top 10 Avoidable Things that get Healthcare Practitioners in Trouble. The presentation was well received, so we are sharing the Top 10 list with you.

1. Crime – Do not commit crimes. Stop, think and make wise decisions. Some crimes are a complete ban on licensure and renewal. Don’t take the risk. Stay away from anything that could even appear illegal.
2. Sex with patients – Do not have sex with your patients. The relationship could fall apart and the next thing you know, there is a Department of Health (DOH) investigation of your license. Even if the relationship is consensual, you can still have your license revoked.
3. Sex with Co-workers – While not a violation of the law in and of itself, DOH investigations uncover other violations and accusations. What could go wrong sharing your deepest secrets with someone who may be competing against you for a future promotion? The workplace is not a safe place to use as a dating service.
4. Drugs – Stay sober. It could be argued that drugs should be first on this list because drugs often lead to sex and crimes. However, this is not an automatic revocation of your license. Participation in DOH contracted impairment programs is a nightmare to get through and are very expensive. Keep drinking in check and do not self-prescribe.
5. Sloppy medical records – Good recordkeeping can save you from serious accusations. Slow down and take medical recordkeeping seriously. Bad record keeping can get you in trouble even if your clinical practice is flawless.
6. Refusing to refund the patient – Just give them their money back. They are mad and if they complain, your whole practice is going to be exposed to scrutiny and audits.  It is not worth it.
7. Address Updates – Did you know it is illegal to have the wrong address on file with the DOH? Here is what will happen: The DOH will send mail to the wrong address and it gets thrown out. Months later, you will find out that you are subject to an Administrative Complaint and you are already behind in your legal defense. Cases get out of control before you even know it exists, because of a paperwork issue on your part.
8. Letting Patients Purchase Substandard Care – If your clinical recommendations are too expensive for the patient, send them away or give them a discount. This is especially true for dentists. If the patient cannot afford the dental implants and you suggest a bridge because they can afford it, when it fails, they will file a complaint.
9. Stupid Social Media Posts – If you mess up a case, you might get one complaint. If you post something stupid on social media, you will have 200 complaints filed by the next month.  Stop and think about what you are posting before you do it.
10. Develop a Good Bedside Manner – DOH does not resolve complaints about bedside manner but it does get tons of complaints about it. Every now and then, one of them has some clinical merit tucked away inside and develops into a formal Administrative Complaint. Spite is a powerful motivator.

Don’t do these things.  But if you do . . .  make sure to give us a call before things get out of hand.

We are thankful for the opportunity to sponsor CMS and to those that attended and listened to our presentation.  We thoroughly enjoyed meeting and speaking with the CMS members!