McDonald, Mackay and White, LLP

I’ve received notice from the Board that my license is under investigation

What you should and should not do:

Do not call the Board to try to explain what happened and to pled your case. Many providers have inadvertently harmed their case by calling the Board before they know their rights. The Board investigators are very skilled and their mission is not to protect you and your license. The Board will take extensive notes whenever you call and these notes can be used against you in the future as can anything you put into writing.

If you are called or confronted by someone in person pertaining to this issue, politely refuse to speak to him or her. Explain that your attorney has instructed you not to speak to anyone and that they will need to contact your attorney.

Do not discuss this issue with co-workers or colleagues because you may cause more harm by becoming part of the gossip network.

Contact your malpractice insurance carrier, if you have insurance. Most carriers have a provision that you must contact them immediately in order for coverage to apply. Be sure that you are able to choose the attorney you want to represent you rather than risk being assigned an inexperienced attorney.

Document IN DETAIL everything that has happened. Be sure to list dates, names and everything leading up and after the incident as well as the details about the incident. On the top of this document write “Confidential – Attorney-Client Communication/Work product”.

If a witness or someone else that is familiar with the incident approaches you and states that they are willing to write a statement or testify for you, request that they write down the facts of what they know or witnessed in an affidavit (an affidavit is their statement notarized containing a statement such as: “I do solemnly swear and affirm that this the information, dates, and representations submitted included in the attached letter, are accurate and correct to the best of my knowledge and belief and were given freely and voluntarily.”)

What do I need to do next?

This is not my issue