As a medical professional in a leadership position, you are responsible for both your patients and your staff. You are the lead representative for the patients seen by your team, which means you can be held responsible for their mistakes as if they were your own. That’s why it’s important to know what to do when an employee’s mistake puts your license at risk in North Carolina.
There are steps you can take to protect yourself when something goes wrong with an employee. These steps can also prevent these situations from happening in the first place.
It’s critical that you understand all your options when it comes to facing potential disciplinary action from the North Carolina Medical Board (NCMB), especially if you weren’t the one under fire for misconduct.
Physician License Defense Cases Caused by Staff Mistakes
Wake County is home to two top-rated teaching hospitals that are located within 30 minutes of one another. With such a high volume of medical students, it’s not uncommon for mistakes to happen.
That said, healthcare is a field where mistakes must be mitigated at all costs. The NCMB oversees licensed physicians and has the authority to take action against them if they’re given reason to believe they’ve behaved unethically.
When a physician receives a complaint about themselves, the medical board determines whether to open a case. If a case is opened, the physician is notified and must go through the administrative process that follows. Furthermore, physicians can be called before the board if one of their staff members is reported for any type of misconduct or unethical behavior.
If you’re in a leadership position and are taken before the board due to an employee’s behavior, it’s wise to hire a physician license defense lawyer to help you understand the scope of your options and rights.
In the case of a colleague or peer, you are not going to be held responsible for their actions if they get in trouble with the North Carolina Medical Board.
That said, North Carolina is a mandatory reporting state. That means that if you witness a colleague doing something unethical, you have a duty to report it to the appropriate authorities.
Preventing Physician License Defense Cases Involving Employee Misconduct in North Carolina
It’s impossible to watch every member of your staff all the time. That’s why it’s important to have a thorough vetting process when it comes to hiring employees. Implementing a comprehensive training and onboarding program prepares every employee to perform their job as well as they can. This includes ongoing training and learning opportunities to maintain compliance with changing standards and ideal practices.
Beyond this, it’s important to ensure appropriate physician supervision and a safe culture for reporting concerns. Since North Carolina is a mandatory reporting state, individuals who report are already protected under the law.
Confidential channels are still important for your employees to voice their concerns. That way, you can catch issues and deal with them internally before they become a bigger issue.
FAQs
What Types of Employee Errors Can Lead to Licensing Investigations in North Carolina?
The types of employee errors that can lead to licensing investigations in North Carolina are numerous. The NCMB can open an investigation against a physician even if errors are committed by their employees. This includes certain criminal convictions, lack of patient privacy protection, malpractice, patient abuse or neglect, substance abuse, and unprofessional conduct.
Am I Legally Responsible for an Employee’s Misconduct or Negligence under North Carolina Licensing Laws?
Yes, you can be held legally responsible for an employee’s misconduct or negligence if they are reported and working directly under your supervision. You can be held liable for negligent hiring, retention, or supervision. North Carolina’s licensing laws require employers to ensure they have competent staff members. Any reports of unethical behavior from any member of your staff can be traced to you.
How Can a North Carolina Physician License Defense Attorney Help With My Case?
A North Carolina physician license defense attorney can help with your license defense case. Navigating cases like these is complicated enough when you’re defending yourself. If you are a physician being called forward for the misconduct of an employee, procedures can become even more complicated.
The board will determine your level of responsibility for the incident that a staff member caused. A North Carolina physician license defense attorney can help you navigate these complicated procedures and defend you throughout the process.
What Do I Do Immediately After the Licensing Board Contacts Me About an Employee-Related Incident in North Carolina?
Immediately after the licensing board contacts you about an employee-related incident in North Carolina, review the notice carefully to ensure it meets compliance standards and requirements. Next, complete any actions the board asks you to do. There are usually time limits that can affect your case if improperly handled.
Legal counsel from a North Carolina physician license defense attorney can help you understand North Carolina licensing laws. They can collect evidence and form your defense to protect your license.
Hire a Physician License Defense Lawyer to Help With Your Case in North Carolina
Physician license defense cases are daunting. With so much on the line, it’s critical that you understand your rights and options when faced with disciplinary action from the NCMB.
The good news is you don’t have to navigate this process on your own. It’s actually highly recommended to seek legal counsel from a North Carolina physician licensing defense lawyer.
North State Law has been in business for over half a decade and brings many years of experience in professional license defense. It’s important to work with attorneys who have experience working with multiple boards since there are so many in North Carolina. We’re located near many of the licensing boards and agencies in North Carolina and have experience navigating the administrative processes for each of them.
If you’re ready to discuss your case in more detail, reach out to our office to schedule a discovery call with a trusted attorney today.
