What to do if a DOH Investigator wants to talk to you

The DOH Investigator assigned to your case will very likely call you on the phone to engage in conversation. This may be framed as an “opportunity” for you to speak directly with him/her to address allegations. The Investigators are trained to engage you in order to find the answers they seek.

I generally advise clients not to speak to or meet with a DOH Investigator. I generally advise clients, if they want me to represent them, to have me speak to the investigators, and for all responses to be in writing. This has nothing to do with guilt or innocence. This is because, even if you are entirely innocent of the allegations, you may use a word or phrase that can be misinterpreted by the Investigator but which, now said, will likely be documented in the Investigator’s file. Also, it is not uncommon for people speaking to Investigators to assert a “mea culpa” (translation: my fault) when the person didn’t even do anything wrong! As friendly as an Investigator may seem – and they can be very personable and engaging — the Investigator is not your friend and you are not required to provide him/her with information. While health professionals often want to address issues head on with the goal to “clear up” misunderstandings, anything you say will be “on the record” and could be used against you down the road. Protect yourself and contact an attorney immediately.