Category Archives: Texas Medical Board

Texas medical license defense attorneySanitary practices that meet the standard of care can help to reduce the risk of transmission of communicable diseases and development of procedure-related infections. Yet, because physicians and their staff are only human, errors in sanitary practices can and do occur. Should the Texas Medical Board (TMB) catch wind, your medical license could be at risk. Learn how to protect your right to practice in the face of an investigation, and discover what an experienced attorney can do to help improve the outcome of your case.

Physician Experiences Emergency Medical License Suspension

A real-life example of the potential consequences that a physician may face for alleged unsanitary practices, one New Jersey physician is currently fighting an emergency suspension of his medical license. He had been accused of reusing single-use anal probes on his patients, and without having so much as a chance to defend himself against the allegations, the state board has suspended his license. To get it back, he must provide proof that he ordered enough probes to treat the patients he had billed for in-office rectal procedures.

Fighting an Unsanitary Practice Allegation

Since their licenses are already suspended, physicians like the one in New Jersey are at a distinct disadvantage against their state’s medical board. Thankfully, you can do things differently. Rather than wait for the board to take investigative action against your practice, you can seek assistance from an attorney the moment you learn that a complaint has been made against you or your office. Not only does this ensure you have protection every step of the way, but it also increases the chances of a favorable outcome in your case. An experienced attorney can also field all investigation questions, ensure that all responses to the board are made in a timely manner, and they can reduce the stress you experience while navigating your investigation.

If you have already had your license suspended, perhaps under an emergency order, it is even more crucial that you reach out to an experienced attorney. Able to examine your case for any potential defenses against the allegations, and committed to ensuring you receive the fair treatment you deserve during a TMB hearing or investigation, Oscar San Miguel, Attorney at Law, is the firm to trust. Our seasoned Texas medical license defense lawyer has nearly 30 years of experience in the legal-medical arena, and we will aggressively pursue the most favorable outcome possible for your situation. Learn more by scheduling a free and personalized consultation. Call 512-228-7946 today.


Texas medical license defense lawyerPain management doctors and clinics have long been targeted for drug dispensing issues, but thanks to the opioid crisis, investigations into these clinics are becoming more frequent and aggressive. In fact, news sources indicate that officials are now intentionally targeting what they consider “drug dealing doctors.” Learn what this might mean for your pain management practice and medical license, and discover how an experienced medical license defense lawyer can help protect them both.

Opioid Crisis Puts Pressure on Pain Management Clinics

Chronic pain – whether caused by a serious health condition or life-altering accident or injury – is not a made-up phenomenon. If anything, it is an issue that has not received the kind of attention it deserves. There is also a misconception that many of these patients are drug seekers, but nothing could be further from the truth. Yes, some of them are, in fact, addicted to pain pills, and there has been an increase in the number of deaths among chronic pain patients but the opioid crisis cannot be blamed solely on pain patients or the practitioners that treat them.

A large percentage of the deaths associated with opioid drugs can be traced back to physicians who do not typically manage pain patients. All but oblivious to the diligence that must be practiced when prescribing pain pills to chronic pain sufferers, these doctors rarely act maliciously or negligently. Most are trying to help their patients. Sadly, their lack of exposure to the nuances in the world of pain management means they may fail to recognize or detect drug-seeking behaviors in their patients. Yet, as many pain management clinics have seen, it is those who most frequently prescribe pain medications that are being targeted for illegal activity.

Fighting a “Pill Mill” Allegation

The reality of pain management is that some patients turn to harder street drugs, or they start drug-seeking habits that can place your clinic at risk. Abandoning them is not the answer, however. Instead, physicians need an advocate that they can trust – someone who can help them fight against the allegations that are being made by the Texas Medical Board.

With more than 30 years of experience in the medical-legal arena, Oscar San Miguel can protect your rights and your medical license. Dedicated and experienced, our Texas medical license defense lawyer will aggressively pursue the most favorable outcome possible in your case. Call 512-228-7946 and schedule your free initial consultation with us today.


Texas medical license defense lawyerWhile any physician can find themselves in the middle of a Texas Medical Board (TMB) investigation, the outcomes of cases vary greatly. Analysts and advocates have long argued that some of the rulings are biased, and based on factors that are not related to the patient or public safety. Now a new study has determined that a history of disciplinary action can increase your chances of severe consequences – including and up to the revocation of your medical license. At first glance, this might not seem problematic, but in taking a closer look, it becomes clear that basing the severity of a consequence on a physician’s disciplinary action history can include a bias. Learn more, including what you can do to protect your medical license during a TMB investigation, and how an experienced attorney can assist.

A History of Disciplinary Action and the Risk of Revocation

Published in the Journal of the American Osteopathic Association, the new study examined data from the Texas Medical Board on investigations and the disciplinary actions taken against physicians in 1998. Details on each physician’s race, gender, degree, years in practice, primary specialty, the method of licensure, and information on the disciplinary action taken were all included in the dataset. Several factors were found to increase the overall risk of severe disciplinary action, including the practice of the physician (anesthesiologists and general practitioners had the highest risk of experiencing severe disciplinary action), but only disciplinary history was positively associated with an increased risk of license revocation.

How Physicians Gain a History with the TMB

Most people assume that physicians only gain a history with the TMB when they consistently commit infractions or endanger their patients. Yet, nothing could be further from the truth.

Responsible physicians – including individuals who have made an honest mistake – can also gain a history with the TMB. As an example, a physician who once struggled with an alcohol addiction may have been reported to the TMB for their DUI charges – none of which occurred while they were treating patients or on call. Even if the physician seeks treatment and turns things around, they could be at an increased risk for severe action from the TMB in future investigations.

The same can apply to practices that are considered to be at an increased risk for investigations from the TMB. Pain management doctors, family physicians, and general practitioners are all in that group – and though they may not have done anything seriously wrong, their history of repeated investigations can work against them in future cases. That is why experienced legal counsel is so highly recommended for every TMB investigation.

Contact Our Texas Medical License Defense Lawyer

With nearly 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, can skillfully assist you with any TMB investigation, regardless of how bleak the circumstances may look. Dedicated and experienced, our Texas medical license defense lawyer will aggressively pursue the most favorable outcome possible in your case. Call 512-228-7946 to schedule a free consultation today.


Texas medical license defense lawyerTexas Medical Board investigations can be stressful and daunting. In extreme situations, they may even induce fear and worry over what could happen to your practice or reputation – but does this necessarily mean that one should surrender their medical license while an investigation is still underway? What if you believe you are guilty of the of acts or infractions that the Board has accused you of committing? Learn more about protecting your Texas medical license, including how to tell when a surrender of it may be warranted, and discover how an experienced professional license defense lawyer may be able to assist with your case.

Is a Surrender of Your Medical License Warranted?

Once the brutality of a Texas Medical Board (TMB) investigation starts, one may start to feel as though everything is spiraling out of control. You may be bombarded with calls at work and at home, find yourself anxious every time you check the mail, and constantly concerned that an investigator will show up, out of the blue, perhaps at the worst time possible. However, even under this extreme level of stress, surrender of a medical license is not warranted if an investigation is still pending – especially since it may be possible to mitigate in your favor.

Guilt or perceived guilt do not warrant surrender either. Instead, one should continue to fight the disciplinary action against them, right until the very end. After all, this is more than just your reputation on the line; it is also your livelihood.

How Our Texas Medical License Defense Attorney Can Help

An attorney is highly recommended during every TMB investigation case, regardless of the evidence (or lack of it) against you or your practice. Not only does this ensure that your rights are protected and that any potential consequences are skillfully mitigated against, it can also reduce the stress and anxiety you feel while navigating through the investigation and administrative process. Lastly, an attorney can advise you on if or when it may be appropriate to surrender your medical license.

With nearly 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, possesses the skills and knowledge that are needed to effectively protect you and your medical license. Dedicated to your best interest, our Texas medical license defense lawyer can take swift and aggressive action in your case, regardless of the circumstances or supposed evidence against you. Learn more by scheduling a free and personalized consultation with us today. Call 512-228-7946.


Texas medical license defense attorneyWhile most people know that intentional or willful tax evasion is illegal, there are some who fail to weigh the consequences before trying to outsmart the government. Yet, in most instances, tax evasion stems not from intention, but from poor record keeping, procrastination, accidental oversight, or failure to seek competent assistance. Sadly, the reasons or factors of your tax evasion case may be irrelevant when it comes to your medical license – at least as far as the Texas Medical Board is concerned.

Tax Evasion and the Texas Medical Board

Although tax evasion is typically thought of as a criminal offense, the Texas Medical Board (TMB) may also consider it to be moral turpitude. What is more, the Board may suspend your license, without a hearing, while your criminal charges are pending. If that happened, you would be unable to practice medicine until your license was restored. Sadly, restoration of your license could be difficult to achieve if you are ultimately convicted of the charges or another infraction is discovered during the criminal or investigative process.

Protecting Your Medical License While Fighting Criminal Charges

Protecting your license while dealing with criminal charges is no easy task. In fact, you may barely have a chance to contact an attorney before the TMB is notified of your arrest. However, this is not always the case, which is why physicians are advised to not contact the TMB without first consulting an attorney. Do not notify them of your arrest or charges. Do not speak with them if they call. Instead, refer them to your counsel.

Managing your investigation with the TMB in this way offers several benefits. First, it can reduce your risk of having your license suspended or revoked in situations of innocence. Secondly, it can give your attorney time to mitigate against any potential damage that may result from a conviction (even if it is a wrongful one). Lastly, an attorney can manage the legal aspects of your case so that you can focus your time and energy on the criminal aspect of your situation. Just be sure to employ the aid of one sooner, rather than later, as every passing moment increases the chance of you experiencing disciplinary action.

Contact Our Texas Medical License Defense Lawyer

If you believe you could be at risk for criminal charges, or if you have already been arrested and charged, contact Oscar San Miguel, Attorney at Law, for assistance with protecting your medical license. Backed by almost 30 years of experience, our seasoned Texas medical license defense lawyer can protect your rights and your license throughout the entire process. No matter what the circumstance, we will aggressively pursue the most favorable outcome possible. Call 512-228-7946 and schedule your personalized consultation today.



Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
© 2020 Oscar San Miguel, Attorney at Law
505 West 12th Street, Austin, TX 78701 | 512-228-7946