Complaints to licensing boards may occur for various reasons. Thus it is critical to carry professional liability insurance that includes coverage for professional license defense. In addition to the insurance, you should retain an attorney who specializes in this area of the law in your corner to investigate the claims against you and build a strong defense to retain your license and thus enable you to continue your practice.
The absence of such insurance is often the result of the misplaced belief that your employer carries such protection on your behalf but that’s not always the case. Unfortunately, many workers discover that their employers don’t carry sufficient insurance to cover license complaints. Other workers find out that their employer will do what’s necessary to protect their bottom line.
The Misconception About Employer-Provided Protection
Often an employer’s initial step will be to protect himself by terminating the employee for alleged misconduct. He or she will also file a complaint with the Department of Health or other governing body, which instigates an investigation against the employee. If the employer filed such a report against an employee, it usually eliminates their responsibility for any legal fees that arise from their employee’s defense. This amplifies the importance of having the proper insurance to ensure that you are covered for the expense of defending against a complaint. It’s too late to acquire insurance after the investigation begins, but this should not deter you from retaining an experienced attorney to assist you through the process.
There are many potential actions that may form the basis for a licensing complaint including:
Professional License Defense
Once the complaint is filed, the licensing board becomes involved. Whether you are a nurse, doctor, lawyer, psychologist, appraiser, accountant, counselor, massage therapist, optician, or another licensed individual in Maine, a professional license is necessary to engage in your specialty. Unfortunately, a single accusation of allegation of malpractice or misconduct whether valid or not may result in an investigation that puts that license at risk for suspension or revocation.
With a Maine professional license defense attorney representing you, you have the assistance you need during the following phases of the case:
- Pre-accusation stage
- Formal Administrative Law Hearing
- Negotiation Stage
- Settlement Stage
There may be other steps associated with your particular case depending on whether a civil lawsuit, criminal prosecution, or special licensing board procedure exits in your case. Whether the complaint results in multiple cases or just one, the matter can be handled by the law Office of Richard S. Berne.