Employment Law Claims Involving Medical Professionals
Louisville Employment Law Attorneys, Providing Professional Licensure Defense
Charles W. Miller & Associates offers medical license defense before the Kentucky Board of Medical Licensure. Our owner, Charles W. Miller, has successfully defended doctors, chiropractors, and nurses during licensure board investigations, disciplinary hearings, administrative appeals, and hospital actions for over 20 years. Charles W. Miller & Associates is well-equipped to provide effective medical license defense in Kentucky. See below for more specific information regarding how seeking representation can assist you with different types of medical licenses.
Representation for Physicians under Investigation
If you are a physician under investigation by the Kentucky Medical Licensure Board, it is key that you contact a medical license defense attorney as soon as possible after being contacted by a medical board representative. As a physician, you should never make any statements to a medical board investigator, law enforcement officer, or any other government agent in Kentucky without first consulting—or, preferably, retaining—a medical license defense attorney. If a physician attempts to contact a board member directly about a pending investigation of a medical license, the inquiry will be diverted to the legal and investigative department. Therefore, a physician should not attempt to personally reconcile concerns about his or her medical practice or conduct for this reason alone.
When you retain a qualified medical license defense attorney, however, the medical board, law enforcement, and government agents will be notified of your representation and will be prohibited from contacting or questioning you directly. Should you choose Charles W. Miller & Associates to defend your medical license, all communication with the Board of Medical Licensure will go through our firm.
Likewise, we strongly advise for a physician to only attend any meetings concerning his or her licensure or have any contact with any medical board personnel after they have acquired representation.
Contact Charles W. Miller & Associates at (502) 890-9954 to schedule a meeting with a medical license defense attorney. Your initial consultation is completely free and confidential.
Common Issues & Complaints Faced
- Below standard medical care;
- Improper prescribing of controlled substances, failure to comply with board policies pertaining to periodic KASPER or PLA/PDMP reviews, pill counts, drug screens, controlled substance agreements and other mechanisms for screening against drug abuse, doctor or pharmacy shopping;
- Sexual misconduct or boundary violations, including a sexual relationship or any sexual contact with a patient or employee;
- Alcohol and drug addiction and abuse.
Medical staff privileges
If your medical staff privileges have been threatened with revocation or have even been already suspended, it is crucial to contact a defense attorney to represent you right away. We recognize that medical staff privileges are critical in providing patient care and that the effect of negative action can produce long-term consequences.
At Charles W. Miller & Associates, we represent Kentucky physician’s medical staff privileges if they have been suspended or revoked, if there are peer review issues, if there are reporting issues concerning National Practitioner Data Bank matters, and/or if there are fair hearings, disruptive physician issues, or incident reports. Our Louisville physician defense attorneys not only understand hospital bylaws and the process governing the physician’s ability to challenge a negative recommendation on medical staff privileges, but they are also skilled at investigating and analyzing the relevant facts and their relation to medical staff privileges. This analysis assists with possible negotiations with the hospital that can resolve the problem without ever having to step foot in a hearing or other more formal legal process. However, if a settlement is unachievable or not in our client’s best interest, we will advocate on behalf of our client concerning his or her medical staff privileges at a hearing, state court, or federal court as appropriate under the governing bylaws, administrative regulations, or applicable law.
Licensing Defense for Nurses
As a nurse, you are responsible for knowing the state’s Nurse Practice Act in the state in which you are licensed. Board of Nursing structures, decision-making powers, and authority are different for each state. Additionally, the laws, rules, and regulations are subject to change at any time. This can detract from nurses being able to provide the best care possible for their patients.
At Charles W. Miller & Associates, our experienced employment law legal team can handle your case so you can focus on performing the essential functions of being a nurse—free from distractions. We are familiar with licensure issues before the Kentucky Board of Nursing, as well as within medical care facilities.
If you have received a “Notice of Complaint” from a Board of Nursing, you should immediately seek legal representation. When you receive a complaint from the Board of Nursing, you are subject to both the regulatory and statutory legal processes. Once a complaint has been filed, the Board of Nursing’s determination is made on whether or not the alleged facts violate existing laws or regulations that govern the nurse’s practice. If a violation is found, an investigation will commence.
The investigative process can differ depending on the seriousness of the allegations. Investigations can include requests for additional documents or information from the complainants and possibly site visits and witness interviews. The accused nurse will be given an opportunity to respond to the allegations and present their side of the story. Nursing boards vary in the methods used to obtain the nurse’s perspective on what happened. Proceedings can range from informal conferences to full formal hearings.
Charles W. Miller & Associates has extensive experience in employment law representing nurses and other medical professionals who are facing disciplinary action, while also providing our clients with attentive and personal service. If you are a registered nurse, an advanced practice registered nurse, or a licensed practical nurse and you experience a threat to your Kentucky nursing license, contact Charles W. Miller & Associates as soon as possible.
Charles W. Miller & Associates also has experienced Louisville chiropractic license defense attorneys that represent chiropractors in Kentucky. Our team works hard to prevent our clients from receiving any negative action against their license as quickly and efficiently as possible. If you have received a “Complaint” from the Board of Chiropractic Examiners accusing you of wrongdoing, you are now subjected to the regulatory and statutory processes. Seeking counsel is vital to your practice.
In the event “Formal Charges” are brought, you can depend on our in-depth knowledge and experience of how the process operates and how to provide the most effective defense against all possible allegations. When your license to practice could be sanctioned, you should not attempt to answer any allegations without experienced legal counsel on your side.
At Charles W. Miller & Associates we have significant experience handling allegations including substandard chiropractic practices, patient records violations, allegations of drug and alcohol abuse, and sexual misconduct with patients. We are dedicated to protecting the financial and professional livelihood of practitioners of chiropractic medicine.
“Charles is a great attorney and a hard worker.”- Member
“He is a thorough and thoughtful attorney and has the respect of defense firms in the area.”- In-house Counsel
“He gives more attention on personal injury cases than most other plaintiff's attorneys.”- In-house Counsel