Tag Archives: medical license complaints

Texas medical license defense attorneyEveryone makes mistakes, but doctors, surgeons, and other healthcare professionals tend to be held to a higher standard. In fact, a single and seemingly minor mistake could potentially lead to an investigation and disciplinary action from the Texas Medical Board. Repeated offenses - even if only alleged - are far more dire. They can result in permanent suspension or revocation of a doctor’s medical license. Learn how to protect your license, regardless of the situation, with help from the following information.

When an Investigation Leads to Disciplinary Action

If a complaint is filed against your practice, the Texas Medical Board may investigate. Should they find evidence to substantiate the claims against you, an Informal Show Compliance Proceeding (ISC) may be held. If the allegations against you are not dismissed at this time, you will then be referred for an additional hearing to determine what disciplinary action will be taken against you. Examples might include a temporary suspension of your license, mandatory completion of continuing education units, or random drug and/or alcohol testing for a specified time period. You could also be placed on probation, which may have additional requirements.

Violation of Probation and Repeated Acts of Misconduct

Once disciplinary action has been taken against you or your practice, it is critical that you follow through with all terms of your probation or suspension. Failure to do so can result in serious and potentially lifelong consequences, including a permanent suspension or revocation of your medical license. This applies, even if the order is to cease all practices of medicine for a predetermined period of time. You can appeal the decision, however. Just make sure you have an experienced legal professional on your side during this process.

Protecting Your Medical License, Right from the Start

While it is possible to appeal a decision made by the Texas Medical Board, physicians tend to fare better when they seek legal assistance, right from the very start of an investigation. In fact, some may be able to have the allegations dismissed long before it ever reaches the ISC phase of an investigation. This is because an attorney can ensure that all correspondences are carefully crafted, and that your rights are protected throughout the investigation process.

Backed by more than 20 years of experience in the legal-medical arena, Oscar San Miguel, Attorney at Law, has the knowledge and skills needed to effectively represent you throughout your entire case. We protect your license and practice, right from the very start. Learn more about our comprehensive and aggressive legal services. Call 512-228-7946 and schedule a confidential consultation with our Texas medical license defense attorney today.



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 most people have the luxury of leaving work at work, doctors and other healthcare professionals carry their professions with them. They think about the patient with cancer that might not make it over breakfast, may spend the night tossing and turning when a diagnosis for an extremely ill patient eludes them, or they might find themselves burdened when they look at their own children after losing a young patient to an illness or injury. No, health care professionals do not close the door on work once the shift is over. They do not get a break from the scrutiny either – the kind that requires them to conduct themselves professionally and act with morality. Can your personal life really put your medical license at risk, though? You bet it can.

Unprofessional Conduct

This loose term can mean anything from committing alleged sexual harassment and lewd jokes in the break room to tax evasion or handing an alcoholic beverage to a minor. It applies, whether you are at home, at work, or out in public. Further, any failures in this department can result in a full-on investigation against you. Once the process starts, it can quickly spiral out of control and may ultimately cost you your medical license.

Substance Abuse or Addiction

While many employers use drug tests on the job (prior to employment, if an injury occurs, if an employee is suspected of use while on the job, etc.), and regularly terminate employees for failing such tests, physicians and other healthcare professionals face even higher risks. As an example, a warehouse worker who is fired for failing a drug test may be able to find work at another warehouse. Health care professionals who abuse or are addicted to alcohol or illicit and/or prescription drugs are at risk for a suspension or revocation of their license. This completely bars them from practicing medicine. They cannot simply go work at another clinic or hospital. In fact, unless they want to completely change professions, they cannot work at all.

Moral Turpitude

Moral turpitude can include any act that may be perceived as “vile,” deceitful, dishonest, or violent to a high degree, but it can also include civil and criminal acts against you that the Board considers immoral. Examples might include being arrested for driving under the influence, assault and/or battery, burglary, or other crimes. It may also include the diversion of drugs, theft, or other acts that may not lead to criminal charges but can still have serious implications.

When Your License is On the Line

Investigations from the Texas Medical Board and Texas Board of Nursing are serious matters. Do not risk your license. Instead, contact Oscar San Miguel, Attorney at Law, and get the legal representation that you deserve. Skilled and dedicated, we will work toward the most favorable outcome possible for your situation. Call 512-228-7946 and schedule your consultation with a seasoned Texas medical license defense lawyer today.


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 medical board complaintThe Texas Medical Board receives over 7,000 complaints against licensed physicians each year. If the complaint is determined to be within the Board’s jurisdiction, an investigation is done. If the complaint is determined to have merit—that is, the physician acted in a manner that is not consistent with the public’s welfare—the matter is referred to the Board’s Litigation Department.

At this point, an Informal Settlement Conference/Show Compliance proceeding is held. It is a time for the panel—comprised of one physician and one lay person representing the board—to evaluate the information gathered in the investigation process and for the physician to show that he or she is in compliance with the Medical Practice Act. The panel typically reserves one hour or less for the conference, and the Board representatives have a Board attorney there to present the allegations against the physician. The physician presents his or her defense and answers any questions from the panel. The conference is informal in that there is no sworn testimony and rules of evidence do not apply. It is also confidential.

The panel then considers the issues and all of the information presented before making a determination. If the panel determines that no violation of the Medical Practice Act occurred, it recommends dismissal of the case. If it finds that a violation did occur, it recommends either a Remedial Plan or an Agreed Order. A Remedial plan, which is used for less severe cases, consists of corrective measures and is considered to be non-disciplinary. An Agreed Order sets forth the terms of the order and includes any number of sanctions. If agreed to by the physician, the Remedial Plan or Agreed Order must be approved by the full Board.

Sanctions in an Agreed Order can include the following:

  • Fine,
  • Reprimand,
  • Continuing Medical Education,
  • Further appearances before the Board,
  • Chart monitoring,
  • Participation in AA or other rehabilitation program,
  • Drug testing,
  • Referral to the Texas Physician Health Program,
  • Practice restrictions, and
  • Suspension or revocation of license.

The Informal Settlement Conference/Show Compliance proceeding is the stage at which the physician must not be lulled into a false sense of security about the potential severity of the matter. The fact that the Board calls this an informal proceeding does not mean that the process is at all informal. In fact, it can have severe consequences for the physician.

An experienced attorney can present the physician’s defense in the best possible way to positively influence the outcome, and can negotiate the terms of any Agreed Offer. Choosing to go through the conference process without an attorney present is not in the physician’s best interests. The Board has an attorney present, and so should the physician.

If you have been notified of a complaint against you, the earlier you contact an experienced attorney, the better. Contact Texas professional license defense attorney Oscar San Miguel, Attorney at Law, for representation before the Texas Medical Board.


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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