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Civil Rights

Asked about 3 years ago - Chicago, IL

Background:

I am a physician in Illinois. A few years back, someone filed a complaint to the Department of Professional Regulations against my medical practice, alledging that I was misleading the public through my marketing/advertising efforts. I was forced to hire an attorney and endure stress fearing loss of my medical license. One year and $10,000 later, the Department investigated and found me not guilty of any wrong doing.

However, this incident has become a permanent stain on my record. I have to disclose this alledged incident when renewing insurance, joining a new hospital, etc, etc. I have a gut feeling that this complaint was filed by a competing physician in my area of practice. I was told by my attorney that the only way I can find out who filed this complaint is to sue them.

My question is: Do I have a viable lawsuit here? Could I sue whomever filed this complaint for legal expenses and stress? What if it indeed turns out to be a competing physician? What do you think?

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Attorney answers (2)

Peter LaSorsa

Reputation Level 13

Answered about 3 years ago. Sexual Harassment Attorney in Chicago, IL.

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You state you spent $10,000 and year on the Department investigation--so I am assuming you gave your lawyer $10,000--you should listen to his advice on how best to proceed. If it turned out to be a competing physician and the complaint was false and the physician new it was false than you probably have a cause of action however the statute of limitation may have already run so you should ask your lawyer to check into it at once.

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L. Maxwell Taylor

Reputation Level 17

Answered almost 3 years ago. Appeals Lawyer in Middlebury, VT.

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I am not licensed in Illinois so the following should not be taken as legal advice but simply as information intended as helpful. If you need legal advice, you should consult a lawyer who holds Illinois licensure.

Public policy has to favor the reporting and investigation of professional misconduct. If it turns out to be baseless, that's good for you. I understand a stigma is involved, in that you have to disclose the fact of the investigation, but the fact that it turned out so well for you means that, at least in theory, it should not reflect poorly on you. You came out on top. Good for you.

If they had at least some colorable good faith basis for filing the claim with the Department of Professional Regulation, I suspect you will not have a viable claim of any kind against the reporting individual. My condolences for your circumstance. My recommendation would be that you not pursue this.

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