Vital Sounds 2026, Quarter 3
Vital Sounds 2026, Quarter 3
Know Your Options: When to Seek KAMMCO Legal Assistance
August 6, 2026
Know Your Options: When to Seek KAMMCO Legal Assistance
August 6, 2026
By Connie Christian, MBA, CPHRM
Facility Risk Management and Patient Safety Advisor
Updated August 5, 2026, from an earlier article: Legal Expertise Early is Prudent. Cristy Anderson, JD, Claims Supervisor
Receiving a call or email from an attorney, law enforcement officer, or a licensing board can create anxiety and a sense of urgency. Knowing your options before you respond can help protect both you and your practice.
Scenario 1: Contact from Law Enforcement
A KBI agent needs to meet with you tomorrow about one of your deceased patients to whom you prescribed pain medication.
Should you agree to a meeting? Can you postpone or even decline to meet with the KBI agent? How does HIPAA apply to this situation?
Scenario 2: Contact from a Patient’s Attorney
An attorney representing a patient calls to discuss the care you provided but assures you that you will not be named in the lawsuit. They offer to summarize your conversation in a letter for your signature.
Should you speak to the attorney? Should you allow the attorney to prepare a letter for your signature?
Pause Before You Respond
A call from an attorney or law enforcement officer, or even a letter from the Board of Healing Arts can create anxiety and a sense of urgency that may lead to rushed decisions. Instead, take a moment to pause and consider your response.
Requests for next-day meetings or notices of depositions scheduled on short notice are often negotiable, particularly when your schedule is already full. In many cases, the requesting party is willing to accommodate your availability because they need your testimony or input to move the matter forward.
Why Legal Guidance Matters
Legal counsel and guidance in these situations help protect your interests, particularly for requests for written responses or depositions. Several issues must be carefully managed—not only to ensure the response is legally appropriate and protects your interests, but also to avoid making critical statements about another healthcare provider that could increase the chance of being designated as an expert witness.
Likewise, depositions or discussions with law enforcement can be stressful. Meeting with an experienced attorney to prepare and seek legal guidance throughout the process may help limit further involvement.
KAMMCO is Here to Help
These scenarios, and many others like them, are not uncommon and may lead to involvement in litigation. While it is impossible to know which situations will ultimately result in legal action, you do not have to navigate them alone.
Your KAMMCO member benefits may include the appointment of legal counsel to assist you when you face situations that could lead to litigation covered by a KAMMCO policy.
If you receive a request that raises legal concerns, promptly contact the KAMMCO Claims Coordinator to determine whether assistance from an attorney is appropriate. Call 1-800-232-2259 or email claims@kammco.com.
When in doubt, seek us out.