Physician Disruptive Behavior
Recently, prosecutors from the Bureau of Professional and Occupational Affairs have been investigating all entries made to the National Practitioner Data Bank (NPDB). One area they have been pursuing more aggressively is that of physician “disruptive behavior. “
Although it is difficult to define “disruptive behavior,” it is often described as an ongoing pattern of threatening, obnoxious and contentious behavior that deviates from the norm. This type of behavior creates an atmosphere that interferes with the functioning of the health care staff.
Understanding The Charges
The most distinguishing characteristic of this physician is varying degrees of chronic malcontent and frequent outbursts of anger. These outbursts often approach a level of rage toward nurses, technicians, employees and patients.
Inappropriate behavior of the physician may include intimidation, abusive language, demeaning other staff, blaming others for problems on the job, and threats of violence or retribution.
It may also include inappropriate responses to patients’ needs or staff requests, including unprofessional demeanor or conduct, arrogance, disrespect, inadequate communication, ongoing conflict with others, particularly authority figures, and late or unsuitable replies to pages and calls.
Bureau Of Professional And Occupational Affairs Investigations
If a doctor is disciplined by a hospital and it results in a report to the National Practitioner Data Bank (NPDB), the Bureau of Professional and Occupational Affairs will assign an investigator to do a thorough investigation.
If the physician is contacted by a BPOA investigator, he or she should retain an attorney before speaking with the investigator. Anything said to the investigator can be used against the physician in a disciplinary proceeding.
There are many occasions when no statements should be given to an investigator.
If a physician or other health care professional is accused of disruptive behavior, we will conduct our own thorough investigation and speak to all potential witnesses.
Mental And Physical Examinations
If a physician or other health care professional is accused of disruptive behavior, the attorney for the Medical or Nursing Board may request and receive an order from the board compelling the health care professional to attend a mental/physical examination with a psychiatrist chosen by the board.
We will prepare the health care professional for this mental/physical examination.
If the prosecutor initiates disciplinary action against the health care professional, we will vigorously defend the health care professional at an administrative hearing.
Often, we are able to negotiate a consent agreement on behalf of the health care professional.
Protect Your Career And Your Future
If you are under investigation for disruptive behavior, take steps to protect your medical license and your career. To schedule a consultation at The Law Offices of Brian E. Quinn, contact us online or call 866-657-7318.
