Tag Archives: protection for physicians

Texas medical license defense attorneyAlthough most patients are unaware and oblivious to the workings of a state medical board, physicians understand that each one is self-governed. There is no external entity, no standard guidelines, no real consistency – and that includes the way it handles disciplinary actions. However, one study, recently published in the online version of BMJ Quality and Safety, revealed that the issue is far more confusing and unnerving than most doctors realize.

Severe Consequences Range from One State to Another

Out of 21,647 unique physician misconduct disciplinary actions taken in the United States between January 2010 and December 2014, over 5,000 involved the revocation or suspension of a physician’s license. Overall, this is not an alarming rate (it is, however, a 17 percent increase from 2008), but the rate from one state to the next certainly garnered attention from the study authors. They found that, while one state might only fine a physician for an action, another might completely revoke a physician’s license. Worse yet, their only real recourse is to appeal the decision; there is no governing entity for them to contact.

Disciplinary Action in One State Can Affect You in Others

Despite the lack of a governing entity or any real connection from one state’s medical board to the next, licensing issues and disciplinary actions taken in one state can affect a physician in others. As a result, out-of-state practices and privileges may be suspended or revoked. Alternatively, if a physician attempts to move to another state, they may be unable to obtain a license to practice within that state.

Texas Has a Historically Heavy-Handed Approach

While the study did not find Texas to be on one side of the extreme or another, the state board does have a history of heavy-handed disciplinary actions against physicians. As such, any Texas doctor should be fully prepared and protected, the moment they learn of an investigation. The matter should be handled seriously, and with great care. Also, instead of facing it alone, it is highly recommended that doctors seek assistance from an experienced license defense lawyer – one with working knowledge of the Texas Medical Board and its laws.

Contact Our Texas Medical License Defense Lawyer

Are you facing disciplinary action or an investigation with the Texas Medical Board? Oscar San Miguel, Attorney at Law, is the firm to call. Backed by nearly 30 years of experience in the medical-legal arena, our Texas medical license defense lawyer will aggressively pursue the most favorable outcome in your case. Learn more about how we can assist with your case by scheduling a free and personalized consultation. Call 512-228-7946 today.


Texas medical license defense lawyerUnrealistic demands on physicians and hospitals, the increasing risk of disciplinary action from state licensing boards, staff shortages, and many other healthcare related issues are causing an uptick in physician burnout. Sadly, this phenomenon can also increase a doctor’s risk of receiving a complaint with the Texas Medical Board, which could result in an adverse action against their license. Learn what to do if a complaint is filed against you, and discover how an experienced medical license defense lawyer can help you protect your medical license.

Are You Dealing with Physician Burnout?

In a recent Medscape survey, researchers found that almost half of all doctors experience some level of burnout in their practice. Doctors who practice emergency medicine have the most concerning statistics of all – a startling 60 percent of emergency room physicians say they have had thoughts of leaving their practice. How do you know if you are also experiencing it? Consider some of the following symptoms:

  • Personal neglect (not having the time or energy to care for yourself);
  • Exhaustion or fatigue;
  • Mood changes;
  • Hopelessness;
  • Apathy toward patients or clinical outcomes;
  • Loss of passion;
  • Weakened immune system;
  • Anxiety or depression;
  • Always thinking about work, even in your free time;
  • Feeling you never accomplish anything productive during the day;
  • Disconnect from your job or family;
  • Loss of appetite; and
  • Excessive stress or irritability.

If you notice any of these symptoms or otherwise suspect that you may be suffering from burnout, consider taking some time off work to de-stress. If that is not possible, find ways to spend more time with family and friends. You might also consider changing your clinical environment, especially if the morals or ethics of your boss or supervisor do not mesh well with yours. Another option is to speak to a therapist or other professional that understands the unique challenges of practicing medicine.

When Burnout Leads to an Investigation

If a patient feels that you did not meet their needs, delivered substandard care, or simply did not agree with your demeanor on the day they came in, they may attempt to file a complaint against you or your practice. If this happens, you could face an investigation from the Texas Medical Board, which can place your medical license at risk. Rather than simply ignore the issue, or let it add to your stress levels, contact an experienced medical license defense attorney for assistance with the complaint.

Contact Our Texas Medical License Defense Lawyer

When burnout causes problems with your license, contact Oscar San Miguel, Attorney at Law, for assistance. Backed by almost 30 years of experience, we can reduce the stress that you are experiencing during the investigative and disciplinary process, and we will aggressively protect your rights. In every situation, our Texas medical license defense lawyer pursues the most favorable outcome. Schedule your personalized consultation to learn more. Call our office at 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.



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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