If you are a practicing physician in the State of Texas, you are required to practice in accordance with all rules and regulations set forth by the Texas Medical Board (TMB). If a complaint is filed against you, it is in your best interest to seek the assistance of experienced medical license defense attorneys who can help you through the process involved with defending your medical license.
Complaints filed with the Texas Medical Board are handled through an established enforcement process. At that time, members of the board review the complaint and eventually render a judgment regarding the accusations filed in the original complaint. It is vital to seek the services of lawyers who are experienced in medical license defense to protect your interest and seek a favorable outcome .
The first step in the license enforcement process is a preliminary evaluation of the complaint that has been filed against you as a physician. At this point in the process, the Texas Medical Board will review the submitted complaint and decide whether enough evidence has been presented to support proceeding forward. Texas medical license defense attorneys advise their clients that the evaluation must take place within 45 days of receipt of the complaint.
It is important that a doctor immediately seek the services of experienced medical license defense lawyers upon receipt of the notice that a complaint has been filed against them. The urgency is importance because the TMB may want to discuss the situation with the accused physician during the evaluation process.
Any discussions with the accused doctor about the complaint should be done with the assistance of experienced medical license defense lawyers who can protect the interests of the doctor.
Investigation of the Complaint
When the complaint has been evaluated and the Board has determined that there might have been a violation, an investigation is opened. The doctor is then informed of the potential violation and asked to provide additional information while the TMB conducts an investigation. The assistance of medical license defense attorneys at this time is vital to a successful outcome.
An investigation to prove or disprove a medical violation is conducted just like any other legal case. The initial information provided by the physician will be used as the basis of the inquiry. It is essential that defense efforts begin immediately to ensure the doctor is properly represented before the investigative board members.
Informal Settlement Conference
After an investigation has been conducted and it appears there the standards of care may be been a violated, the complaint moves forward to the Litigation Section and an Informal Settlement Conference (ISC) or Show Compliance hearing is scheduled. During the ISC hearing between a Texas Medical Board panel and the physician as well as their defense lawyers, information about the alleged violation(s) and investigational findings are presented.
It is at this point that you, as the accused doctor, can contest the alleged violation and offer your defense. In 90% of the cases proceeding to this point, a resolution is reached. The TMB panel may offer either an Agreed Order with sanctions and disciplinary actions or a Remedial Plan which is a corrective action without discipline imposed.
State Office of Administrative Hearings
In the event that no resolution is reached during the ISC, the process continues on to a State Office of Administrative Hearing (SOAH) that is heard by an Administrative Law Judge. Once the judge has heard the complaint and reviewed all relevant information, a recommendation will be submitted to the TMB stating whether the case should be dismissed or disciplinary action considered. When a final Order is entered, you can appeal the decision that was reached to the District Court for further action.
If you are a physician, any issue concerning the conditions of your medical license is it a situation that should be taken very seriously. When you learn that a complaint has been filed against you, the first thing you must do is contact medical license defense attorneys to help you.
Although the Texas Medical Board enforcement process can be perceived as somewhat informal, medical license defense lawyers stress that it must be handled in exactly the same fashion as any other legal case. This is important to note as the decisions that result from this process may affect your ability to practice medicine in Texas!
The Stevenson Law Firm, PC
6302 W. Broadway, Suite 120
Pearland, TX 77581
Phone: (832) 481-4548