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Category Archives: Texas Medical Board

Texas professional license defense lawyerPhysicians often assume that only major infractions warrant disciplinary action from the Texas Medical Board. Last year’s list of reprimanded doctors tells a very different story, however. Learn what you need to know about minor infractions that may lead to an investigation and discover how you can protect your medical license, should you become the subject of one.

Minor Infractions That Led to Disciplinary Action

More than 185 physicians were disciplined last year. A total of 14 had their licenses revoked. The remaining disciplined doctors experienced consequences that ranged greatly in severity - everything from public reprimand to temporary suspension of their license. Some of the latter suffered those consequences for committing acts that - at first glance - seem rather minor. For example, one physician was disciplined for not releasing medical records in a timely manner.

An Unforgiving Environment

All too often, healthcare professionals assume that the Board will understand when a mistake is made. After all, the Board is comprised of fellow physicians. Certainly, they are empathetic to the challenges that physicians face when trying to manage a diverse and ever-changing staff while concurrently handling a full list of patients. Surely they recognize that not all mistakes are the direct fault of a physician - that sometimes errors occur because a new employee did not understand protocol, or because there was a temporary breakdown in staff communication.

Unfortunately, understanding and forgiveness can be two very different things. You see, the Board is not in place to protect you or your right to practice; they are there to protect the public, and your patients. They can be rather unforgiving when it comes to mistakes - even when those mistakes are small or minor. As such, it is critical that doctors understand how to protect their licenses in the face of a Texas Medical Board investigation.

How a Professional License Defense Attorney Can Help

While it is virtually impossible to predict the outcome of an investigation without first examining the details, doctors who employ the assistance of a professional license defense attorney early on tend to have more favorable outcomes. This is largely due to the protection and improved navigation of TMB investigations that is offered. Yet, even in situations that may lead to disciplinary actions, mitigation to reduce the impact of a consequence may be possible.

If you are under investigation from the TMB, contact Oscar San Miguel, Attorney at Law, today. Backed by more than 20 years of experience in the medical-legal arena, our Texas medical license defense lawyer can protect you and your license, right from the start. Learn more by scheduling a consultation. Call 512-228-7946 today.

Source:

http://news4sanantonio.com/news/local/texas-medical-board-disciplines-45-physicians

 

Texas PA license defense attorneyMatters that place your PA license at risk generally relate to your practice, but some matters of the heart could also jeopardize your ability to practice medicine. For example, if you become romantically involved with a current or past patient, you may  be accused of sexual misconduct. Of course, this could happen to you, even if you have not engaged in a romantic relationship with a patient, co-worker, or colleague. Learn more about this risks and their consequences, as well as how you can protect your PA license in the face of a sexual misconduct investigation.

Relationships with Patients, Past and Present

While most PAs likely recognize that it is never okay to have a romantic relationship with a current patient, there are those who do not consider it an issue. Some believe that the circumstances determine the ethics. Others feel that a romantic relationship is acceptable after a waiting period after the patient's release from their care. Others may have long discharged a patient but then end up bumping into the again somewhere and then realize, perhaps for the first time, that there is a spark. That spark may turn into a loving relationship with seemingly no reason to believe it might be unethical.

Unfortunately none of these beliefs or circumstances are able to change the mind or ethical standpoint of the Texas Medical Board. If they consider a physician assistant’s actions or relationship with a patient or former patient sexual misconduct, it can result in disciplinary action for the accused party. Consequences of such a determination may include license suspension, revocation, public reprimand, or other forms of disciplinary action that could result in limitations on your right to practice medicine.

Relationships with Colleagues and Subordinates

While some offices, practices, and hospitals restrict romantic relationships with colleagues and subordinates, not all do. Yet, even when there are no restrictions in place, your license could be placed at risk. If the relationship goes sour, you could be accused of sexual assault or misconduct. Alternatively, if another colleague or patient finds your relationship inappropriate, they may make a complaint with the Board. Either way, you could face the same sort of disciplinary action as those engaged in a relationship with their patients. An experienced PA license defense attorney may be able to help.

Contact Our Texas Physician Assistant License Defense Attorney

If you are being investigated for a romantic relationship with a patient, colleague, or subordinate, or are being accused of sexual misconduct but have not engaged in such a relationship, it is critical that you seek experienced assistance. This is true, even if you are innocent since the Board’s interest is the public - not you.

Oscar San Miguel, Attorney at Law, has your best interests in mind. Dedicated and backed by more than 20 years of experience in the medical-legal arena, we will fight to protect your PA license and your reputation. Schedule a consultation with our Texas PA  license defense attorney and get the legal representation you deserve. Call 512-228-7946 today.

Sources:

http://www.medscape.com/features/slideshow/ethics2016-part1#page=6

http://www2.paeaonline.org/index.php?ht=a/GetDocumentAction/i/114741

 

Texas PA license defense lawyerWhen a family member, friend, or neighbor is in need - perhaps for something as simple as an antibiotic - it can be tempting to simply write them a prescription or offer a sample. Alternatively, you may find yourself ill but unable to find the time to visit a doctor. This, too, could tempt you into writing a prescription. Yet both circumstances can place your PA license at risk. Learn more about this potentially dangerous decision, and how you can protect your license if you are under investigation.  

Prescriptive Authority Has Limitations

Although you may have been granted prescriptive authority by your overseeing physician, there are limitations. You cannot write prescriptions or offer samples to anyone who is not your patient. This includes family, friends, and even yourself. It does not matter how dire the situation, or how noble your intentions. Such actions place your license at risk. Furthermore, the recent crackdowns on pill mills has brought undeserved scrutiny to those with delegated prescriptive authority. This extends to physician assistants, particularly those that write prescriptions for pain medications.

Understanding the Risks to Your License

If you are under investigation for abuse of your prescriptive authority, it is critical that you speak to an experienced attorney immediately. This is true, even if you have done nothing wrong. Investigations can snowball, and you may say share information that leads to a different form of investigation. Perhaps you have fallen behind in charting, or have troublesome wording in a brochure that your patients may view. Either way, an investigator can take one matter and turn it into something else entirely.

Sadly, any form of infraction - be it related to your prescriptive authority or not - could ultimately result a suspension of your license, public reprimand, or other forms of disciplinary action from the Texas Medical Board. Some could even be at risk for a complete revocation of their medical license, which could permanently remove your ability to practice medicine. Do not let this happen to you! Fight back and protect your medical license with help from an experienced PA license defense attorney.

Protecting Your Physician Assistant License

If you are currently under investigation for abuse of your prescriptive authority, or any other matter that might place your medical license at risk, contact Oscar San Miguel, Attorney at Law. Dedicated and experienced, our Texas physician assistant license defense lawyer can effectively represent you in your case. We will fight to protect your rights and best interests, every step of the way. Schedule a confidential consultation by calling 512-228-7946 today.

Source:

http://www2.paeaonline.org/index.php?ht=a/GetDocumentAction/i/114741





Texas medical license defense lawyerWhile a large percentage of medical license suspensions occur because of a situation related to a doctor’s practice, there are some everyday issues that can put your license at risk. Some are unexpected. Others you may not know about. Yet all have the potential to create havoc. Learn what these potential risks are, and how you can fight, should you find yourself the subject of an investigation or a possible medical license suspension.

In-Office Relationships, Conduct, and Practices

If you are a part of a medical practice, and you have others that work with you as either partners or subordinates, your license is placed at risk on almost a daily basis. The things that happen – the hiring or firing of an employee, interoffice relationships, staff-patient interactions, drug abuse, failure to renew a license, and more – can fall under your jurisdiction. As such, it is critical that you practice due diligence in all that you do. Document everything, take action when needed, and always set clear boundaries, guidelines, and consequences for interoffice conflict and/or situations that may put you at risk.

DUI or Other Criminal Charges

You do not have to be at the office to face consequences. There are things that can happen while driving home from a Christmas party, or while out with fellow colleagues that can place your medical license at risk. For example, a common barroom brawl (even if it was self-defense) could lead to criminal charges, which may put your license at risk for suspension. Being arrested for a DUI may also cause a suspension of your license. Even worse is that a conviction may not be necessary; you may still face consequences from the Texas Medical Board, even if your criminal charges are dismissed.

Overdue Child Support

Ideally, one should never let child support payments get behind. However, there are extenuating circumstances that may cause you to be late. Fall far enough behind and your medical license could be suspended. Not only is this a major inconvenience for you, it could result in difficulty in getting your license reinstated. You may also be required to pay extra fees. Be proactive if you fall behind, and if your license is suspended, get assistance with the reinstatement process.

Contact Our Texas Medical License Defense Lawyer

Oscar San Miguel, Attorney at Law, can help you deal with whatever life throws at you. Dedicated and experienced, we will aggressively fight to help you with your medical license investigation, suspension, revocation, or reinstatement. Schedule a consultation with our Texas medical license defense lawyer to learn more. Call 512-228-7946 today.

Sources:

https://texasattorneygeneral.gov/faq/cs-parents-frequently-asked-questions

http://www.foot.state.tx.us/licensing.childsupport.htm

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.164.htm

Texas medical license defense lawyerWhen you are under investigation from the Texas Medical Board, and you know you have not done anything wrong, it can be tempting to try and prove your innocence. Unfortunately, this zealousness can sometimes do more harm than good. Learn when and how this could happen, as well as how you can best protect your medical license during an investigation from the TMB.

How the Investigation Process Starts

Based on your response to the complaint letter, and any other information the investigator unearths, the TMB will determine whether they should open a full investigation against you or not. Should this happen, you could be hit with surprise visits, requests for documentation, and time-disrupting phone calls. By this time, your frustration levels may already be soaring to an unexpected high. Keep your cool, though, because failure to stay composed can severely damage your case.

Stress and Over-Sharing of Information

Frustration, stress, and an inherent desire to prove your innocence can lead you to do things you might not otherwise do. If you are innocent, you may even be so inclined to share more information than you need to. Unfortunately, this can be extremely problematic. As an example, say you are being investigated because a patient did not receive the results they had hoped from a procedure. Now, if you did everything correctly and informed the patient of the limitations, you may be in the clear. Yet, if you then invite the investigator into your office where they can poke around, and they find something incriminating there, your case may remain open.

Understanding the Possible Ramifications

The TMB has a battery of methods through which they can discipline physicians, including the ability to suspend or revoke your medical license. This leaves you unable to practice, forces you to fight to get your license reinstated, and can lead to even more stress and frustration. Of course, there are other consequences that may result outside of a license suspension or revocation. For example, you may be publicly reprimanded by the TMB. This can damage your reputation. In short, the ultimate goal is to ensure you do everything possible to try and avoid any form of discipline from the TMB.

Protecting Your Medical License

Medical licensing investigations are highly complex and can be rather adversarial. As such, it is highly recommended that you never handle an investigation alone. Instead, contact an experienced lawyer the moment you receive notice of a complaint. This can ensure that your rights are protected, that you do not offer up more information than you need to, and that every communication is handled thoughtfully and with your best interest in mind.

Backed by more than 20 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, has the skills and knowledge needed to effectively protect you and your license. Dedicated and experienced, we will fight for the most favorable outcome for your situation. Schedule a consultation with our Texas medical license defense attorney to learn more. Call 512-228-7946 today.

Source:

http://www.sastowlaw.com/2013pdfs/Medscape%20Jan2013.pdf

 

 

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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.
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