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Government
Attorney
Complaint Counsel Duties: Investigates and evaluates cases regarding complaints of physician misconduct and incompetence by determining whether to seek issuance of an investigative subpoena; interviewing witnesses; gathering and reviewing documentary evidence, including medical records; works with Board investigators; works with nurse-investigators to retain and consult with medical experts witnesses; conducts legal research; consults medical literature; coordinates with other agencies; and performs other relevant tasks as required. Prepares legal memorandum to the Board’s Complaint Committee outlining the relevant evidence gathered, the applicable laws and regulations, the applicable medical and/or ethical standards, the propriety of disciplinary action, the appropriate sanction, and Board precedent for sanction. Represents the Board at administrative adjudicatory proceedings incompetent, prepared manner; presents relevant evidence, testimony, and expert medical evidence; presents oral arguments utilizing effective oral advocacy skills; drafts statements of allegations, pleadings; files motions, and legal memoranda. Prepares cases for administrative hearings by determining legal strategy and tactics to be used in the prosecution of individual cases; determining which witnesses will appear; preparing witnesses for testifying; ensuring that all testimony, other evidence, and legal argument supporting the Board’s position is competently researched, prepared, and presented. Participates in Board outreach activities; provides training to others in laws, regulations, and Board procedures, and adjudicatory procedures. Attends relevant training as required and keeps abreast of all relevant legal developments. Conducts self professionally in adherence to Massachusetts law, Board regulations, policies, procedures, and protocols and in compliance with Massachusetts Rules of Professional Conduct. Efficiently and effectively oversee caseload, prioritizing work appropriately, setting and achieving goals, and responding to deadlines in a timely manner. Adheres to strict legal and regulatory requirements of confidentiality and prohibitions against unauthorized disclosure of sensitive, confidential, and privileged information regarding patients, physicians, and law enforcement investigations. Cooperates and/or coordinates with state and federal law enforcement agencies in the joint investigation and prosecution of violations of laws, regulations, or standards of medical practice which threaten public health, safety, and welfare. Maintains productive working relationships with Board staff and is responsive to supervision. Consistent with applicable state and federal law, regulation, or executive order, provide reasonable accommodation for any disability as defined by applicable law, regulation, or executive order which may restrict the ability of the employee to perform any of the duties and responsibilities listed above.
Qualification and Experience
Required Qualifications: Knowledge of the methods and ability to conduct legal research and technical report writing. The ability to exercise discretion in safeguarding information through compliance and rules of disclosure. Maintain accurate records and assemble information in accordance with established procedures. Understanding and knowledge of the procedures followed in courtroom and administrative proceedings. Knowledge of the rules of evidence and knowledge of the code of professional responsibility. Write concisely and effectively, expressing thoughts clearly, and developing ideas in a logical sequence. Preferred Qualifications: Investigative experience in building cases through gathering necessary evidence and interviewing witnesses. Experience handling complex litigation matters including, but not limited to, experience making legal arguments, introducing evidence, and examining witnesses. Familiarity with the legal and regulatory issues that impact medical care. Ability to establish effective professional relationships with individuals, physicians, and staff. Motivated, self-directed, detail-oriented, and able to work well independently or with a team. Effectively represent a government agency before administrative and judicial tribunals. Demonstrated experience with interviewing witnesses, complainants, and respondents. Proficient usage of Microsoft Office Products including Word, Excel, PowerPoint, and Outlook.
Req#: 210007NR
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