Responding to a South Carolina Board of Medical Examiners Complaint

December 27, 2018 by SC Medical Board License Defense

Defending a South Carolina Medical Board Investigation

A South Carolina medical board complaint can originate from a variety of sources. If you receive notice that a complaint has been initiated against your South Carolina medical license, it’s extremely important to understand that ignoring it will not make it go away. A complaint against your South Carolina Medical License may originate from a patient or family member, colleague, or even a self-report.  Common allegations presented to the South Carolina Medical Board include an allegation of:

• Substandard patient care;
• An improper relationship with a patient or family member;
• Unprofessional conduct and/or improper bedside manner;
• Improper documentation;
• Over prescribing medication and/or prescribing medication without a documented physician patient relationship;
• Abuse of drugs or alcohol.

Our South Carolina medical license defense attorneys are here to help.

If a complaint is initiated against a licensed South Carolina physician, respiratory therapist, or practice acupuncture, the assigned investigator will contact the licensee to discuss the nature of the initial complaint.  The assigned South Carolina medical board investigator is charged with fact finding.  The assigned investigator can issue a Subpoena for records, talk with witnesses, and he or she will compile a report summarizing all information received, a report which will ultimately be issued to the Investigative Review Committee.  In extreme circumstances, the assigned investigator may recommend that the licensee’s license be temporarily suspended. When this happens, it is extremely important that you immediately respond and request a temporary suspension hearing.

The initial investigative process is completely confidential. Your initial response is critically important. A well-planned response sets the tone for your case.

When the report is made to the Investigative Review Committee (IRC), no identifying information is provided.  The IRC will determine whether to recommend dismissal, a private letter of caution and/or formal complaint.  Before  a matter is authorized for formal complaint, the licensee will be offered an  informal conference.

Should I Take Advantage of An Informal Conference?

While every case is different, we generally recommend that licensees take advantage of the informal conference.  The informal conference is an excellent opportunity to obtain information regarding the Board of Medical Examiner’s  perspective of the case given that, depending upon the nature of the complaint, you may or may not have had the opportunity to review the information obtained through the course of the investigation.  An informal conference is staffed by an investigator and an attorney from the office of disciplinary counsel (neither of whom has worked on or will be assigned to your case), and a former Board of Medical Examiners Board member. An information conference is confidential.  Information you present may not be used against you unless it was obtained outside of the informal conference.

What Should I Do If I Receive Notice of A South Carolina Medical Board Hearing?

The answer is simple.  Prepare. Generally, most cases proceed to a hearing after a memorandum of agreement is executed.  In a memorandum of agreement, the parties agree to the facts, but not the specific disciplinary action. The licensee may or may not concede a violation of the practice act when appearing before the South Carolina Board of Medical Examiners.  The recommendations we make are specific to the factual allegations of your case.

Your license is your livelihood.  If you are a physician, physician assistant, respiratory therapist, or licensed to practice acupuncture and you have received notice that a complaint has been initiated against your license, call our SC Board of Medical Examiners defense team today to learn more about how we can help. 803-227-4254.