Medical Board Disciplinary Defense

Hospital and Professional Society Reports of Membership/Clinical Privileges Actions

Hospitals and professional societies in Alabama are required to report membership or clinical privileges actions, as stated in Ala. Code § 34-24-59.

• Hospitals must report any disciplinary action taken relating to professional ethics, negligence,  incompetence in the practice of medicine, moral turpitude, sexual misconduct, abusive or disruptive behavior, or drug or alcohol abuse.
• Reportable actions include termination, revocation, probation, restriction, denial, failure to renew, suspension, reduction, or resignation of hospital privileges.
• Report must be in writing within 30 days of the initial action.
• Hospital may submit via National Practitioner Data Bank if applicable (some actions that are not reportable to the NPDB are reportable to the Board).
• Physician professional societies that take a formal disciplinary action against a member are required to report the action to the Board.
• Reportable actions include those related to professional ethics, negligence, or incompetence in the practice of medicine, moral turpitude, sexual misconduct, abusive or disruptive behavior, or drug or alcohol abuse.
• Report must be in writing within 30 days of the initial action.
• Professional society may submit via National Practitioner Data Bank if applicable.

Malpractice Judgments or Settlements

Reporting by Physicians

Ala. Code § 34-24-56 requires licensees and certificate holders to report any final judgment or settlement resulting from a medical malpractice claim.

• Licensees are required to report annually any final malpractice case judgment or settlement, in or out of court, against them or their PC or PA.
• A malpractice case is a claim or action for damages for personal injury caused by an error, omission, or negligence in the performance of medical professional services, or in the performance of medical professional services without consent.
• The report may be made via the annual license renewal application by affirmatively answering the appropriate question.
• The Board will contact the licensee for additional information including legal and medical documents relating to the case. 

Reporting by Payers

Ala. Code § 27-26-5 requires insurance companies to report medical malpractice settlements or judgments.

• Medical liability insurance companies are required to report any final malpractice case judgment or settlement, in or out of court, against a licensee or licensee’s PC or PA.
• The report must be made within 30 days of the entry of the judgment in court or agreement to settle a claim in or out of court.
• The report may be made via the National Practitioner Data Bank reporting system or by using this form.

Reporting Impaired Physicians/Self Reporting

• Ala. Code § 34-24-361(b) provides that licensed physicians are required to report to the Board or the Commission any information they may have which appears to show that any Alabama licensed physician may be unable to safely practice medicine by reason of alcohol/drug abuse, mental or physical condition, or any other reason.
• A physician who in good faith makes such a report is not liable to any person for any statement or opinion made in such a report.
• Ala. Code § 34-24-405(c) provides that a report to the Alabama Physician Wellness Committee shall be deemed to be a report to the Board for the purposes of any mandated reporting of physician impairment otherwise provided for by the statutes of this state.
• The Alabama Professionals Health Program was established and is authorized by the Board of Medical Examiners. The purpose of the program is to encourage early referral of physicians (including residents and medical students) who have problems that could lead to impairment. The program is confidential and non-punitive.
• The goal is to provide a clinical mechanism to obtain appropriate assistance prior to having significant impairment that could damage the physician’s career or harm patients. 
• Anyone may contact the program to discuss concerns and/or receive information about policies, procedures, and/or statistics (anonymous inquiries are accepted).
• Participation by the troubled physician is voluntary. The APHP is authorized by the Board of Medical Examiners to assist physicians or residents in lieu of Board investigation or disciplinary action.

The Stoves Law Firm, P.C. is dedicated to defending the rights of healthcare professionals facing disciplinary action from the Alabama Medical Board. With extensive experience in the field, our attorneys understand the intricate processes involved in license discipline cases. We strive to protect your career and reputation by providing robust legal representation.

Medical professionals may face disciplinary actions for various reasons, including malpractice claims, substance abuse, and ethical violations. These actions can have significant repercussions on your career, potentially resulting in the suspension or revocation of your license. Our attorneys at The Stoves Law Firm, P.C. can help you navigate through the complex legal landscape associated with these disciplinary proceedings.

We approach each case with the individualized attention it deserves, developing a comprehensive legal strategy tailored to your unique situation. Our goal is to mitigate any potential negative impact on your professional standing and ensure your rights are upheld throughout the process.

If you’re a healthcare professional facing disciplinary action from the Alabama Medical Board, don’t hesitate to reach out to our Birmingham, Alabama Medical Board License Discipline attorney at (205) 823-7233. Let The Stoves Law Firm stand by your side during this challenging time.