Investigations and Hearings — Should You Follow Your Bylaws? Maybe Not!


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Investigations and Hearings —
Should You Follow Your Bylaws? Maybe Not!
Audio CD
Recorded November 11, 2005
1:00 - 2:30 pm (Eastern Time)

Faculty: Barbara Blackmond & Susan Lapenta

Standard advice to physician leaders when investigating concerns about a colleague's competence or conduct or preparing for a hearing: Follow your bylaws!

But that advice is only as good as your bylaws. Sometimes, following your bylaws is not enough.

For instance, in regard to investigations, it is important to

anticipate conflicts of interest;
be able to obtain external reviews and assessments, if necessary; and
provide for fair and reasonable input from the physician.

In regard to hearings, it is critical that

lawyers don't take over the show with a lot of procedural arguments;
information about "other" physicians is protected; and
limitations can be imposed to prevent hearings from going on indefinitely.

What if your bylaws do not provide for these issues and you're in the middle of an investigation or heading for a hearing? Barbara Blackmond and Susan Lapenta discuss strategies for investigations and hearings, including:

preparing a thorough record, including documentation of progressive steps, and a detailed "investigative" report
conducting a broad enough investigation (how many cases are enough?)
communicating with the physician about concerns raised
imposing a precautionary suspension or other restrictions including a voluntary agreement not to exercise privileges
considering the role of external experts and managing their involvement
limiting the role of attorneys at both the investigation and hearing, so you can keep the focus where it should be - on what's best for patients.
defining what information will be shared (and not shared) and when.
anticipating and minimizing the potential for disruptive tactics.
creating a pre-hearing process that requires the early exchange of documents and the resolution of objections.
limiting the number of hours for a hearing so it cannot be dragged on indefinitely
selecting a hearing panel and a hearing officer and preparing them for their responsibilities.

Audio CD: $225

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