Did something stupid, need advice on what to do now

[FroggerMD]

So, I did something stupid, but hopefully it can be rectified.

I recently started an application for a medical license in a notoriously strict state. I have medical licenses in good standing in two other states, no disciplinary actions or arrests or anything like that. I do however have two malpractice cases, one is closed and I was dismissed; the other is pending (but is pretty minor, with very questionable actual liability on my part). Ok. However, a few years ago, I was also served a notice that I was being sued (as one of multiple C.O.-defendants) on a case from a hosptial I had worked as some years back. I spoke to the lawyer and he got me dismissed. This was a few years ago.

So, I’m applying for this medical license and I guess I got spooked about having so many cases (3!!) and that I would be denied a license because of it. So I chose to exclude that one hospital from my work history and also the case. I listed all my other hospitals (I worked at another one at the same time as that one, so there’s no work gap) and the two medmal cases.

The state sent me pretty routine paperwork and a request for some addendums (routine stuff - clarification of a few dates, my hair color (?), etc). I have not yet sent the compelted addendums back. But I’m definitely feeling paranoid and regretful for ommiting that other information in the first place.

What should I do? I figure my options are:

(A) Add that other hospital and the malpractice case to the application as an addendum. If I do this - should I call the board to let them know? Should I write a note explaining why I left it out (can just say I forgot etc?) or just add it without any note?

(B) Do nothing and pray they don’t find out (this isn’t a good option, I realize that, just putting it out here)

(C) Withdraw my application and forget this ever happened, and just never plan on working in this state. I’m considering this because I’m afraid that they’ll reject my license application either because of the three lawsuits, or because I originally left out the hospital info.

Advice please! Feeling incredibly stressed.

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[Crayola227]

C sounds extremely silly, to me.

I wouldn't do B, either.

I would think it would be much better to go with A. Better to disclose BEFORE anyone questions you. If ever YOU voluntarily reveal potentially damning info before it is ever prompted, it will always lend more credence to the idea that you merely forgot and weren't trying to hide anything. Honesty, or at least the appearance of honesty, is paramount. Thankfully you are still in a situation to appear honest.

I mean, particularly when the actual information at hand isn't damning, like BS malpractice cases, I have no idea why in the world someone would choose this instance to be anything less than totally transparent to the board.

I've made it a point to amass all the anecdotes of just how hard the board can dick people, in my mind, just cuz. Even under the worst circumstances, most of the time it's possible to be licensed in any given state, even under atrocious conditions on the part of the physician. They can make it a ridiculously arduous process that takes thousands of dollars and many years, but even in the face of various convictions and other nastiness, it's pretty rare that there is no way to end up with a license. I know it's come up the difficulties that malpractice can cause, and I have heard of physicians getting unfairly screwed. Again, you can usually come back from that kind of disclosure, somehow somewhere, better than ever getting caught in even the appearance of a lie to the board.

I want to say this clearly for anyone else reading this, while I have always urged doing all you can to protect your privacy and disclose as little as possible to the board, I'll tell you something else. More important than hiding any ugly truth you might want to from the board, is maintaining your credibility and image of being honest and transparent. Something that might have had a workaround or not dicked you, will dick you just on the principle of you lying. Even in a witch hunt of the highest order, there is just about nothing worth running afoul of the medical board to hide. Just get an attorney and comply.

It's a bit hindsight all of this about how you should never lie to the board (omissions being a grey zone maybe in some cases, but not this one), but I would tell you tell the truth before it's even possible to be caught in a lie. You could end up with outcome C by default, they won't grant you a license, and they could grumble about the oversight, but provided you are the one to come forward with the information, they will have a hard time establishing you lied on purpose. They could deny you a license but it would be harder for them to screw you with other boards reporting that you were fraudulent on an app, I know one board can screw you with others in this regard. Let this be a lesson to you.

Option B is really bad because from now until the end of time it's possible the information would come to light, and you would look like a liar. Lastly, I thought that there was some registry where every malpractice case you have ever been named in, is listed. If I'm right, that means that is all that stands between you and this being found out one day, the board running your name if they haven't already. In any case, I can think of a hundred ways that your employment alone at the other hospital could come up, making them aware of a hole in your app. And as I said, being denied a license on the basis of telling the truth doesn't have to follow you to the next state, but lying or appearance of lying certainly can. Be grateful you can still be the one to offer up this info and avoid all that messy business.

I have no idea what they will make of the 3 malpractice cases, but not sure what you have to worry about given that 2 of 3 were dismissed. I have no idea particularly what they will make of it in the context of your "forgetting," but it seems to me the worst thing they'll do is deny your app, which is hardly worse than option C. Better than them figuring this out on their own.

 

[Crayola227]

It's hard to argue you "forgot" working at a particular hospital for a period of time, but people have made stranger omissions. I don't know the particulars of how you fill out the app and review it for correctness, for what story you want to tell ("it somehow slipped my mind entirely" vs "I thought I put it in, but it wasn't until I reviewed the app in more detail I saw it was missing")

I know I've forgotten to put something pretty essential and basic down before (like high school, college, medical school, residency) on some paperwork somewhere, so it's conceivable.

The fact they've asked for more info makes it all the more believable that it's only now that you're reviewing and catching the oversight.

Repeat after me, do not lie to the board. Get an attorney experienced in dealing with that state's board if in the future you have any concerns about board dealings, before you sign things or feel tempted to "omit" things.

 

[FroggerMD]

Thank you for the detailed reply. My concern is that if they deny my application, they have a specific clause that states that the fact it was denied will be reported to the NPDB. This may then jeapordize my other licenses when it comes time to renew them.

I’m honestly not all that set on working in this state — maybe the safest thing to do is just withdraw my application, stating thah the hospital I was going to work in, I’m no longer interested in? And call it a day, and stop worrying?

 

[Piebaldi]

Thank you for the detailed reply. My concern is that if they deny my application, they have a specific clause that states that the fact it was denied will be reported to the NPDB. This may then jeapordize my other licenses when it comes time to renew them.

I’m honestly not all that set on working in this state — maybe the safest thing to do is just withdraw my application, stating thah the hospital I was going to work in, I’m no longer interested in? And call it a day, and stop worrying?

I think that's your safest option. Applications are discarded after a certain time period too - I forget if it's 3 or 6 months or something. So unless you are dying to work in that state, I would say your safest bet is to withdraw. I think it is hard to say you forgot about a malpractice case, and I worry about what they would say if they think you lied on purpose. You don't have to explain I don't think why you withdraw. I think that's the most honest and safest thing to do.

 

[Crayola227]

Here's what I don't get - aren't the other states that are going to look at renewing you, don't they already know about these cases? So I'm failing to see how being denied a license by this particular state for that particular reason, is going to damn you if these states already know about this and already gave you a license despite the malpractice cases.

Unless you're saying these things weren't issues to report at the time you applied for the other licenses.

I could see the board wanting you to disclose if you've ever been denied a license elsewhere, and then it taking time for them to find out why, but I would think if the "why" is something that hasn't impacted your current license in their state, it's something they already approved you with on your record, and this is just a renewal with no new info besides the other state didn't approve you... not sure the worry.

Although maybe that's not how this works or I'm missing something here.

 

[Piebaldi]

Here's what I don't get - aren't the other states that are going to look at renewing you, don't they already know about these cases? So I'm failing to see how being denied a license by this particular state for that particular reason, is going to damn you if these states already know about this and already gave you a license despite the malpractice cases.

Unless you're saying these things weren't issues to report at the time you applied for the other licenses.

I could see the board wanting you to disclose if you've ever been denied a license elsewhere, and then it taking time for them to find out why, but I would think if the "why" is something that hasn't impacted your current license in their state, it's something they already approved you with on your record, and this is just a renewal with no new info besides the other state didn't approve you... not sure the worry.

Although maybe that's not how this works or I'm missing something here.

If they deny OP the license they will have to list that on every license application going forward. Big no no.

 

[FroggerMD]

When I renew with the other states, they only ask if I have had any judgements against me. Since I was dismissed from those two cases, and the third one is pending (and I will likely be dismissed so I’m not too worried), I don’t have to disclose anything.

I really think I might just withdraw my application and stop worrying.

 

[Crayola227]

I can't really argue with the other poster... but it seems ridiculous to me that you could be denied a license on this basis (the existence of the malpractice cases, not the omission), have it go to the NPDB, and then have that keep you from getting your license renewed. I mean, why don't you just report it to the states you already have licenses in now before renewal, and have them yanked now? If denial on the basis of these cases is so damning.

In fact, I thought you were generally supposed to report malpractice cases pending to the board.... so, are you also keeping those other boards in the dark as well about your malpractice cases? Are these cases more concerning than you're letting on? Is this why you are concerned about a denial related to these cases?

I was always told that depending on details, medical boards don't yank licenses over unfair malpractice cases, even if there's multiple. That it's employees, reimbursers, and malpractice insurance that can "unfairly" hold them against you because they don't want financial liability, so fault or outcome may be irrelevant to them. But it isn't irrelevant to the board, supposedly. I may be wrong.

 

[FroggerMD]

No they really are minor - nothing serious at all to report. And I haven’t reported them to the other two boards because I didn’t have them when I initially got licensed, and on license renewal they only ask about judgements against you. So I get to omit them. I don’t think they would matter either way. In this case, I’m mostly concerned now not about the cases themselves but because of the omission, and because of how it looks.

 

[Crayola227]

Christ that is ridiculous about how the denial process works. Rather than omitting to the board or worrying a lot about a denial, I would have tried to figure out the implication of all these cases for whether or not I would be denied or approved.

Again, this is where an attorney with the right experience in that state (licensure or malpractice or medical employment), could have been helpful.

If it were me, I would probably play it safe at this point, if you're not really set on practicing in that state. Seems to me you must be losing some sort of opportunity here. I would probably have consulted someone before, now, or after withdrawing. It's not too late for you to find out more about licensure in this state, honestly, but maybe not before forgetting this application.

Sometimes people are surprised how much information they can get anonymously from board by emailing/calling. But I would be careful about timing and specifics if I went that route.

Also, I wouldn't underestimate how long they might keep this on file. You might want to provide the info, and then withdraw your application before it can be denied. That way there's not discrepency if you apply in the future. Depends on how much you want that door open.

 

[FroggerMD]

Yeah, believe me, I feel stupid about getting into this whole mess in the first place. I’m going to call anonymously tomorrow and ask about how to withdraw an application, and then just do that, with a brief explanation of how I’m not interested in working at this hospital anymore. I may wait a few years and reapply then, I don’t know, or just call it a day entirely. I’m fine with the jobs I have now and this is causing me way too much stress. Maybe I’ll consult an attorney too just to find out what my options would be in the future.

 

[Piebaldi]

Yeah, believe me, I feel stupid about getting into this whole mess in the first place. I’m going to call anonymously tomorrow and ask about how to withdraw an application, and then just do that, with a brief explanation of how I’m not interested in working at this hospital anymore. I may wait a few years and reapply then, I don’t know, or just call it a day entirely. I’m fine with the jobs I have now and this is causing me way too much stress. Maybe I’ll consult an attorney too just to find out what my options would be in the future.

I don't even think you can to officially withdraw honestly - I remember when I was still in training and I think I started an application for a certain state that seemed like a nightmare once I started my application - I simply did not finish it. It said that I think after maybe 30 days if the app is not finished it's destroyed. So I would do that. In any state I think after a certain time period your application is destroyed if not completed. So if I were you that's what I would do. What's the point of going through the whole process of explaining, etc? I would imagine depending on which state it is that they might send you an email or something saying you need this or that and at that time you can either not send stuff or say you are not interested. I wouldn't go down the whole road of explaining. Just my 0.02.

 

[FroggerMD]

Yeah that’s a good idea. I’m not even sure how to formally withdraw it - send an email?? I think I’ll just not complete it. Maybe in a few years I’ll reapply, not being an idiot this time! Thanks for the advice.

 

[Piebaldi]

Yeah that’s a good idea. I’m not even sure how to formally withdraw it - send an email?? I think I’ll just not complete it. Maybe in a few years I’ll reapply, not being an idiot this time! Thanks for the advice.

Honestly not sure how to withdraw an app. I personally wouldn't bother even completing it.
Unrelated to this but I dislike this new format of the site! It makes things sooo confusing!

 

[evilbooyaa]

I think A would be fine. I'm assuming you've listed multiple hospitals otherwise, so saying that one slipped your mind is not unreasonable, and that you forgot that you were dismissed from one MP suit early on.

However, C is probably the best bet if you're very anxious about it (which given the reasoning for your initial actions, is likely). To me, not working in a state due to an error in the licensing application is silly, but I'm also the type of person who knows that MP suits happened, and having you be dismissed (and not lost in court or settled) should mean just as much as having any sort of crime (misdemeaner or felony) dismissed. Yes, may require explanation, but should not impede the pathway to clinical licensure.

 

[dpmd]

I think A would be fine. I'm assuming you've listed multiple hospitals otherwise, so saying that one slipped your mind is not unreasonable, and that you forgot that you were dismissed from one MP suit early on.

However, C is probably the best bet if you're very anxious about it (which given the reasoning for your initial actions, is likely). To me, not working in a state due to an error in the licensing application is silly, but I'm also the type of person who knows that MP suits happened, and having you be dismissed (and not lost in court or settled) should mean just as much as having any sort of crime (misdemeaner or felony) dismissed. Yes, may require explanation, but should not impede the pathway to clinical licensure.

Yeah, this is one of those thing that would have been nothing if everything was reported honestly but now it looks shady and could cause issues.

 

[mvenus929]

Question--did not listing this particular hospital and malpractice suit lead to a gap in your employment? Boards tend to like to know what you spent all your time in the past x years vs since finishing med school, so, just curious.

But yeah, don't do that again.

 

[FroggerMD]

Question--did not listing this particular hospital and malpractice suit lead to a gap in your employment? Boards tend to like to know what you spent all your time in the past x years vs since finishing med school, so, just curious.

But yeah, don't do that again.

No, this was a hospital I was per diem at. I was working full time at another hospital at the same time, which I listed, so no gaps in employment.

I’m just going to let my application expire. Thanks everyone!