Tag Archives: medical board complaint

Texas medical license defense attorneyIn the criminal world, people are presumed innocent until proven guilty, but this is not always the case when it comes to disciplinary action from the Texas Medical Board. Physicians may initially have very little information about the nature or details of the complaint, and even minor ones can quickly snowball. In short, the disciplinary process can turn into a nightmare for healthcare providers. The following information can help you understand what is at stake, and how you can best protect your medical license.

How Minor Complaints Can Turn into a Nightmare

Although some complaints do arise out of major issues, most involve relatively minor problems. A patient may have felt you or your staff were being rude when, in all reality, you were simply rushed or not feeling well that day. Alternatively, a patient may have felt they were charged inappropriately for a visit or procedure, possibly because their insurance company did not cover the full amount of the service provided. The Board may review and then dismiss such complaints, but sometimes they are referred to an investigator for further processing. Once this happens, the matter can quickly escalate.

Being Prepared is Your First Line of Defense

While there are a number of things that you can do to protect yourself during an investigation from the Texas Medical Board, one of the most important actions you can take is ensuring you are prepared and well-versed on the potential effects of an investigation, and how to best protect yourself. Never underestimate the risk, and never assume that an unfounded or minor complaint will lead to a dismissal or minor consequence. Remember, even minor complaints can spiral out of control, and anything you say or do during the investigation can inadvertently put your license at risk.

Contact Our Experienced Texas Medical License Defense Lawyer

Regardless of the reason for your investigation, no matter how unfounded the allegations against you might seem, it is important to ensure that you never speak to an investigator until you have first consulted with an experienced attorney. Alternatively, do not plead guilty to an allegation, simply because the claim is (or appears to be) founded. Instead, contact Oscar San Miguel, Attorney at Law. Our seasoned Texas medical license defense attorney is committed to protecting your license and livelihood and we will aggressively represent you in your case. Schedule your consultation by calling 512-228-7946 today.



Texas professional license defense attorney, Texas licensing agenciesIf you receive notice that complaint has been filed against you through the Texas Medical Board, the Texas Board of Nursing, the Texas State Board of Dental Examiners, or some other licensing agency, it is essential that you take the matter seriously—never underestimate the importance of a complaint filed against you.

Consulting and hiring a Texas professional license defense attorney to help navigate the situation before it has the chance to spiral out of control is essential. Also, notify your insurance carrier to ensure you have sufficient coverage to handle board complaints (you very well may not). Additionally, notify your superiors or risk manager, if applicable. Do not discuss the complaint with the person who filed it unless your attorney instructs you to do so.

Be Mindful of Timelines

When a complaint is registered with a licensing agency, the agency will notify you and provide you with a timeline in which to respond. For example, the Texas Medical Board must make an initial determination within 45 days of a filed compliant; this typically gives you about 28 days to provide an initial response. Take this very seriously and do not miss your deadlines. Moreover, make sure that your staff is aware of the complaint and stress the importance of receiving any communications from the Board in a timely manner.

Provide All Required Information

Initially, you will likely only need to provide billing and medical records, along with a narrative response. If, however, a complaint is not dismissed within the first 45 days, you will enter into the investigation stage. 

Be prepared to provide additional information, which will be reviewed by another professional within your specialty. If you reach this stage and have not yet acquired the help of a licensing defense attorney, do so immediately.

Prepare for Further Investigation

Each licensing board has its own rules on how to handle complaints if they believe you have acted within violation of their rules and regulations. The Texas Medical Board, for example, handles matters through an informal settlement conference. 

You will have the opportunity to submit any further evidence, including a report from a retained professional defending your care. The entire process takes a great deal of preparation and should therefore be overseen by a skilled attorney.

Possible Outcomes

Possible outcomes can range anywhere from complete dismissal of a complaint to the revocation of one’s license. However, many cases that make it to the investigation phase provide a resolution opportunity through non-disciplinary remedial plans. This may include paying fines, attending continuing education classes, or undergoing external monitoring for a pre-determined amount of time. You may agree to the resolution or you can request an appeal. If you choose the resolution, it will be sent to the Board for full approval. If you choose to appeal the decision, it will go to the State Office of Administrative Hearings or the district court.

Hiring a License Defense Attorney

Employing the aid of a licensing defense attorney, as soon as possible, is crucial. Although doing so does not guarantee a dismissal, a qualified attorney can help to navigate the entire process, from the notification of a complaint to the State District Court, if necessary. 

Oscar San Miguel, Attorney at Law, has handled hundreds of Professional Board cases, including complaints, investigations, and temporary suspensions. With more than 20 years of medical-legal experience, you can trust that he will handle your case with the skill and professionalism it deserves. To consult with a skilled Texas professional license defense attorney, call 512-228-7946 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.
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