While 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.