How to Handle a Complaint Letter From the Medical Board

It’s the letter no physician wants to receive: notice of a patient complaint from a state medical board. While these notice letters can be upsetting and can fuel feelings of panic and concern, it is important to remember that a complaint does not necessarily mean the board will take disciplinary action. In fact, recent data from The Federation of State Medical Boards (FSMB) shows that less than 1% of actively licensed physicians nationwide (around 4,000 out of 900,000) were disciplined by a state medical board in 2015.

The following recommendations from Curi’s Risk Management team are intended to reduce some of the anxiety around these letters and provide guidance for physicians as they prepare to respond:

• Call your medical malpractice insurer. Medical Mutual members should contact their dedicated claims representative as soon as they receive a notice letter. Early reporting is a key element in our ability to prevent and minimize claims. Our team and supporting legal counsel can help practitioners prepare their initial response and defense for the board.
• Respond by the deadline provided.When a patient makes a complaint to a medical board, practitioners are typically asked to respond in writing. Practitioners, with the guidance of legal counsel, should comply with this request as soon as possible and most certainly within the time frame requested. Delaying the response can result in disciplinary action.
• Share details that are factual and objective.A physician’s response to the board is an opportunity to tell his or her side of the story. Practitioners should be thorough with their account, but stick to the facts and resist the temptation to criticize the patient or inject subjective statements about the patient or the board.
• Be familiar with board procedures and potential disciplinary actions. Practitioners can review Medical Mutual’s state-specific handbooks, which outline additional details on what to expect and how to handle board complaints in seven of our core states:
  • Delaware
  • Georgia
  • Maryland
  • New Jersey
  • North Carolina
  • Pennsylvania
  • Virginia

For further guidance on this topic, Curi members are encouraged to reach out to our Claims and Risk Management departments at 800.662.7917.