Tag Archives: medical license

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.


Texas medical license defense attorneyPhysicians are aware of the opioid epidemic. In fact, most do all that they can to mitigate against it. They check their charts, only refill a prescription when a pain patient is eligible, and may even try to transition their patients to other types of medications with a lower rate of addiction. Unfortunately, the issue is still growing.

In fact, an analysis from Blue Cross Blue Shield has found that the opioid addiction among Americans has grown 493 percent since 2010, which is probably why the U.S. Health and Human Services (HHS) agency stepped up their monitoring efforts back in 2015. Sadly, those efforts have harmed many diligent and hard-working physicians. Learn what the opioid epidemic may mean for your pain management practice, and how you can protect your medical license from adverse action during the opioid crackdown.

Opioid Crackdown Started with Good Intentions

The goal of the opioid crackdown was not to punish diligent doctors. Instead, HHS had three very specific goals in mind: to inform and educate physicians on opioid alternatives and proper prescribing guidelines, increase the use of naloxone to save more lives of individuals who overdosed on opioids, and to expand programs that helped with substance abuse issues. What they did not realize is that, by default, many physicians would be caught in the crosshairs.

Yes, there are legitimate “pill mills” out there that contribute to the opioid addiction, but to find these places, agencies like HHS, the Drug Enforcement Agency (DEA), and Texas Medical Board (TMB) must search for and investigate potential offenders – and, as one might expect, pain management clinics are at the top of that list.

When a Fishing Expedition Leads to Adverse Action

Pain management clinics and the doctors that run them do not have to have a problem with prescribing opioids to experience adverse action. Instead, agencies may walk in and request access to patient charts to check for issues. They might examine your brochures. They could even speak to your staff or simply sit there and quietly observe your practice to find a reason to investigate your practice further. Should they find any form of validation, your medical license and practice could be placed at risk for disciplinary licensing actions.

To mitigate against this issue, it is recommended that you immediately contact an experienced attorney upon learning of an investigation or complaint against your practice. Doing so can reduce the risk of adverse actions against you and your practice. An attorney can also help to mitigate against any issues that do exist – particularly those that may appear incriminating but are more a symptom of your hectic schedule, staff shortages, or other administrative issues.

Contact Our Texas Medical License Defense Attorney

With almost 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law has the knowledge and skills necessary for your case. Committed to protecting your medical license, our Texas medical license defense lawyer can take swift and immediate action in an impending or active investigation or disciplinary case. Learn more about how we can assist you by scheduling a free and personalized consultation. Call 512-228-7946 today.


Texas medical license defense lawyerBeing a physician means never letting your guard down. It means doing all you can to protect your medical license, including ensuring you have clear and concrete professional boundaries. They must apply when you are dealing with patients in the exam room, when in the lounge room, and when you are off-duty. The following information stresses just how important these boundaries are, and what you can do if you are accused of overstepping them.

Accusations Lead to the Loss of a Physician’s License

An Ohio physician recently lost his license after he was accused of inappropriate contact with two of his patients. Local news sources stated that they physician had declined chaperones on both occasions. He also allegedly failed to chart the examinations and did not provide gowns to his female patients. His medical board felt that all this added up to enough suspicion to revoke his license. Even if he never actually acted improperly, he may never again practice medicine. Adherence to professional boundaries can help you avoid facing the same fate.

What Boundaries Look Like in the Healthcare Profession

Physicians are held to a higher standard. They are expected to conduct themselves in a professional manner with their patients, with their staff, and while in the community. Unfortunately, all that pressure can be difficult to handle, and you may lose track of where your boundaries should be. You might become tired and fatigued and forget to dictate why you performed a certain test or exam. Any of these oversights and many others could lead to trouble if you are ever investigated for misconduct.

Alternatively, you may believe that a patient or colleague would make a “safe” romantic choice, but then find that the relationship lands you in serious trouble. Sometimes, it is because the relationship is scrutinized by an onlooker. Other times, it might be due to the patient or colleague filing a complaint after a bad breakup. This risk is the reason why physicians are encouraged to keep their dating and relationship pool out of the workplace.

If You Do Face an Accusation

You are only human, and that means mistakes and accidents do happen. If you make one that leads to an investigation with the Texas Medical Board, do not brave it alone. Instead, contact Oscar San Miguel, Attorney at Law, and obtain the protection you deserve. Our Texas medical license defense attorney has nearly 30 years of experience, and we will aggressively protect your rights. Schedule your free consultation by calling 512-228-7946.


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.



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.



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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