Doctor or Nurse: Please, Please, Please Talk to an Attorney Before You Talk to an Investigator

In Florida, You DO NOT REALLY Have to Speak to an Investigator!

Despite posting out hundreds of hundreds of postcards and characters to physicians, nurses, dentist, pharmacists, and psychologists during Florida, we carry on and obtain calls from new customers and from potential clients, as soon as they have already spoken to make critical harmful vestibule against their own hobbies to investigators. In California, you don’t have any duty to cooperate with any researcher that is investigating you. This kind of reaches Department of Well being (DOH) investigators (who are sometimes titled “Medical Top quality Assurance Investigators” or “Medical Malpractice Investigators”), Drug Adjustment Administration (DEA) special brokers, police officers, sheriff’s deputies, or criminal investigators of any type. Private investigator

Investigators are NOT in your favor.

Let me personally state this as pithily and plainly as it can be. In the event you are being looked into, you are not better off making an affirmation. You are not better off explaining your aspect of the story. The investigator is not your friend. The investigator is not on your aspect. All you are doing is falling for a trick and helping the government to make a case against you. 

Safeguard Yourself as well as your License.

You have a right under the U. S. Cosmetic to not make any statement that may be used against you. This kind of is so important that in criminal cases govt investigators are required to advise you of this by reciting to you your Miranda rights.

On the other hand, in cases where you may have your medical license terminated or have your medical license revoked or have your DEA number terminated or lose your Treatment provider status or your Medicaid provider status, the investigator is not required to advise you of your rights.

In a criminal case, there may be ways to obtain your statement thrown out. Yet , in a professional license case or other management case, it can be too past due to stay away from the damage. You may be the best witness the government has and you could be the only witness the us government needs to prove this case against you.

In the circumstance where you could obtain a $100 criminal fine, the investigators are required to read you your constitutional Miranda rights also to be certain that you realize them before you make an affirmation. Yet , in a circumstance where you can lose your professional license, where you could lose your livelihood and ability to make a living, where you could lose everything you been employed by so hard to obtain, they are not necessary to do this. You must protect yourself.

A large number of health professionals, when experienced with an investigator, who will usually call at a very inconvenient time (to catch you by surprise) and will usually flash a badge (to intimidate you), will usually acknowledge the seriousness of the matter and will fall for the lure to “tell their aspect of the story. inch This can be perilous to your defense and fatal to your certificate.

Do NOT Admit to Anything; Anything You State May Ruin Your Protection.

In the absence of a statement by the suspect (in the case, discussing assume this is YOU), the government may have got a difficult time of indicating you have committed any wrongdoing. It could have other witnesses (who may well not be around at the time of any hearing or trial). It could have a great deal of physical evidence or documents. But it could be impossible for the government detectives to make any hyperlink between you and facts, unless you help the investigators accomplish this. You would be surprised at how many health professionals believe they can just converse their way to avoid it of the situation; in reality, they can be just giving evidence that can be used to make the case against them.

Any kind of evidence by any means, just recognizing that you were there, admitting that the documents are yours, admitting that the patient was your own, admitting that you performed at the clinic, acknowledging that you wrote the prescription, admitting that the house is yours, admitting that you were on duty at the time, admitting that you have taken a drug, admitting that you signed the form, can be a crucial part of evidence that could not otherwise be proven without your own accounts.

Remember, this is the investigators’ job and career. This is what they do full-time, every day. And they are incredibly good at it. They are 1, 000 times better at getting you to admit the important elements of a disciplinary misdemeanor than you are in “talking on your path out of it. ” They will not be convinced by any excuses you make. They do not have to be. They do not be the ones making the ultimate decision against you. Their own is the job of assembling the case against you. You can help them by talking to them, explaining why your decisions are correct, explaining why what you did is excusable, etc. It will not work. You will merely be providing them with enough rope to hang you with.

Identifying the Purpose of the Investigation.

Hint: If it is a Medicaid Fraudulence Control Unit (MFCU) special agent (investigator), you are probably under investigation for Medicaid fraud.

Hint: In case it is an “auditor, ” “surveyor” or “investigator” from a company or company with “integrity” or “program integrity” in the name, they are probably investigating you for “lack of sincerity, ” i. e., phony claims or fraud.