What About Hospital Privileges During An Investigation?
When a hospital begins an investigation involving a physician, one of the first concerns is whether hospital privileges will be affected. The answer depends on the nature of the allegations, the hospital’s bylaws, and whether patient safety is believed to be at risk. Whether or not you are actively under investigation, it is important for physicians to understand how hospital privileges are handled during an investigation. Here is what to know about investigations and their potential impacts on hospital privileges.
What are Hospital Privileges?
Hospital privileges are the authorization a hospital grants to a physician to provide specific types of care within its facility. These privileges allow a doctor to admit and treat patients, perform certain procedures, order treatments, and use hospital resources based on their education, training, experience, and qualifications. Hospital privileges are separate from a medical license, meaning a physician can maintain an active license while facing restrictions on practicing at a particular hospital.
Why Would a Hospital Investigate a Physician?
Common reasons for a hospital investigation include:
- Allegations of medical errors or substandard patient care
- Significant patient complaints
- Concerns about professional conduct
- Documentation or recordkeeping issues
- Violations of hospital policies
- Concerns involving impairment or professional misconduct
Will I Automatically Lose Hospital Privileges During an Investigation?
No. A hospital investigation does not automatically result in the loss of hospital privileges. Hospitals generally have established procedures that require review, evaluation, and documentation before taking disciplinary action.
Depending on the circumstances, a hospital may:
- Continue allowing the physician to practice without restrictions
- Place temporary limitations on certain procedures or activities
- Require additional monitoring or supervision
- Initiate a formal peer review process
However, hospitals may take immediate action regarding hospital privileges when they believe there is an imminent risk to patient safety.
Can a Physician Lose Hospital Privileges Permanently?
A hospital may ultimately take action against a provider’s privileges if the investigation supports concerns about competency, professional conduct, quality of care, or patient safety. The outcome of an investigation will depend on the seriousness of the concerns, the evidence reviewed, and the hospital’s medical staff policies and procedures. Potential outcomes may include:
- No action after the investigation is completed: If the hospital determines that the concerns are unfounded or do not warrant further intervention, the provider may continue practicing without restrictions.
- Continued monitoring: The hospital may allow the provider to maintain privileges while requiring additional oversight.
- Additional education or remediation: The provider may be required to complete training, continuing education, or a corrective action plan designed to address identified concerns.
- Restrictions on certain privileges: The hospital may limit specific procedures, treatments, or clinical activities while allowing the provider to continue practicing in other areas.
- Termination of privileges: In more serious cases, a hospital may remove hospital privileges entirely.
Frequently Asked Questions
How long can a hospital investigation last?
There is no universal timeline for a hospital investigation. The length of the process depends on the specific allegations, the complexity of the issues involved, and the procedures outlined in the hospital’s medical staff bylaws. Some investigations may be completed in a matter of weeks, while others can take several months. Every hospital has its own policies governing how investigations are conducted, so the timeline can vary significantly.
Is an investigation the same thing as a suspension?
No. A hospital investigation and a suspension are separate processes.
An investigation involves gathering information. The hospital may review medical records, interview individuals involved, consult peer reviewers, and evaluate whether there is a legitimate concern about the physician that requires further action. A suspension, on the other hand, affects the provider’s ability to practice within the hospital.
Should I hire a medical license defense attorney during a hospital investigation?
Hiring a medical license defense attorney early in a hospital investigation is often one of the best ways to protect your career. Even if you are told that the investigation is “not a big deal” or “status quo”, you should speak to an attorney. This is because the consequences of the investigation can be significant, including your ability to practice medicine. An experienced attorney can review the allegations, explain the hospital’s medical staff bylaws, prepare you for interviews or meetings, and help ensure the hospital follows its own procedures throughout the investigation. Seeking guidance from a medical license defense attorney during a hospital investigation does not mean you have done anything wrong or that you are trying to hide something. Just as physicians rely on specialists for complex medical issues, legal counsel can provide the experience needed to navigate a complicated professional situation. Protecting your career and reputation is a responsible step, not an admission of fault.
Will the hospital’s investigation be reported to the NPDB?
Not every hospital investigation results in an NPDB report. The National Practitioner Data Bank (NPDB) is a federal information system designed to track certain adverse actions involving healthcare professionals. Its purpose is to help hospitals, licensing boards, and other authorized organizations make informed decisions about a provider’s qualifications, professional conduct, and ability to safely practice.
A report may become required if a physician takes certain actions, such as resigning or surrendering clinical privileges while an investigation is underway, or if the hospital takes a reportable action involving those privileges. The specific circumstances matter, and hospitals must follow NPDB reporting requirements when determining whether a report is necessary.
What steps should a physician take during an investigation?
A physician facing a hospital investigation should consider taking immediate steps to protect their professional interests.
It is recommended that a physician:
- Avoid making informal statements without understanding the allegations
- Keep all relevant medical records and communications
- Review hospital policies and medical staff bylaws
- Cooperate professionally with anyone involved with the investigation
- Seek advice from a healthcare attorney early in the process
- Prepare a detailed and accurate response to concerns
Contact A Physician Employment Attorney Today
If you are facing a hospital investigation, getting legal guidance early can help you make informed decisions about your next steps. A physician employment attorney can help you understand your options and provide the support needed during this challenging process. Contact our office for immediate assistance.