Avoiding a Sexual Misconduct Claim

 Posted on April 26, 2019 in Medical License Defense

Here in the state of Illinois, medical employees are monitored and regulated by the Illinois Medical Board. With over 3,000 complaints made each year against medical personnel, the disciplinary bBoard will usually launch an investigation in order to fully understand the situation. If the board ultimately decides that the complaint was made on valid grounds, disciplinary action could include suspension or revocation of your medical license. While a complaint can be lodged for a number of reasons, one of the most common reasons for a complaint is a consumer complaining of sexual misconduct from a medical professional. Below we will examine the steps you can take to avoid a sexual misconduct claim.

Steps You Can Take

When a sexual misconduct claim is filed against you, the results can threaten your family’s livelihood. According to a study conducted by the Atlanta-Journal Constitution, more than 2,400 doctors have been sanctioned for sexual misconduct nationwide over the past two decades. Here are three simple steps you can take to avoid a complaint or ensure that a false-accusation will not cost you your job:

Have a Witness Present: When a person is going through an exam, it is entirely possible that they could misconstrue professional examination as a form of sexual misconduct. Because of this, it is important for you to request that another medical employee be present for the examination. A patient may also feel more comfortable if a member of their family is present in the room. In the event of a false or misconstrued complaint, the witness can speak on your behalf, and be vital in ensuring that you will not face disciplinary action.

Explain Each Medical Step: When examining a patient, one of the most important steps you can take is developing open communication with them. In certain examinations, you may need to request that the patient removes layers of their clothing, or ask to examine sensitive areas. In these instances, you have a responsibility to explain the steps you are taking in the examination, and why these actions are pertinent to the medical exam. Failure to explain your actions can lead to a patient misunderstanding your professional actions, and possibly lodging a misconduct complaint.

Respect the Patient’s Wishes: As part of the dialogue that you develop with your patient, you need to be willing to accept potential uncomfortability. If a patient does not feel comfortable taking off their clothes or taking part in certain aspects of the examination, do not move forward with the examination. Possible steps you can take, include moving the patient into the care of another physician or scheduling another appointment at a later date. As a professional, you need to be able to identify signs of uncomfortability and recognize the importance of taking a step back. Even if your actions are completely professional, an uncomfortable patient can falsely believe that they were an abused one.

Contact an Illinois Medical License Defense Lawyer

With over 16 years of legal experience here in the state of Illinois, Attorney Joseph J. Bogdan is prepared to do whatever it takes to help you maintain your medical privileges. Not only can a license revocation or suspension impact your immediate financial security, but a sanction can ultimately diminish your ability to secure employment opportunities down the road. Understanding the significant ramifications of potential disciplinary action, we are ready to work diligently in representing your best interest. To schedule an free consultation with a knowledgeable Illinois license defense attorney, call us today at 630-310-1267.

Sources:

https://www.rainn.org/articles/sexual-abuse-medical-professionals

https://health.usnews.com/health-care/for-better/articles/2018-01-24/white-coat-betrayal-ending-sexual-assault-in-medicine