Tag Archives: Texas Medical Board

Texas medical license defense attorneySanitary practices that meet the standard of care can help to reduce the risk of transmission of communicable diseases and development of procedure-related infections. Yet, because physicians and their staff are only human, errors in sanitary practices can and do occur. Should the Texas Medical Board (TMB) catch wind, your medical license could be at risk. Learn how to protect your right to practice in the face of an investigation, and discover what an experienced attorney can do to help improve the outcome of your case.

Physician Experiences Emergency Medical License Suspension

A real-life example of the potential consequences that a physician may face for alleged unsanitary practices, one New Jersey physician is currently fighting an emergency suspension of his medical license. He had been accused of reusing single-use anal probes on his patients, and without having so much as a chance to defend himself against the allegations, the state board has suspended his license. To get it back, he must provide proof that he ordered enough probes to treat the patients he had billed for in-office rectal procedures.

Fighting an Unsanitary Practice Allegation

Since their licenses are already suspended, physicians like the one in New Jersey are at a distinct disadvantage against their state’s medical board. Thankfully, you can do things differently. Rather than wait for the board to take investigative action against your practice, you can seek assistance from an attorney the moment you learn that a complaint has been made against you or your office. Not only does this ensure you have protection every step of the way, but it also increases the chances of a favorable outcome in your case. An experienced attorney can also field all investigation questions, ensure that all responses to the board are made in a timely manner, and they can reduce the stress you experience while navigating your investigation.

If you have already had your license suspended, perhaps under an emergency order, it is even more crucial that you reach out to an experienced attorney. Able to examine your case for any potential defenses against the allegations, and committed to ensuring you receive the fair treatment you deserve during a TMB hearing or investigation, Oscar San Miguel, Attorney at Law, is the firm to trust. Our seasoned Texas medical license defense lawyer has nearly 30 years of experience in the legal-medical arena, and we will aggressively pursue the most favorable outcome possible for your situation. Learn more by scheduling a free and personalized consultation. Call 512-228-7946 today.


Texas medical license defense lawyerWhile 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.


Texas medical license defense attorneyPhysicians and other medical professionals are under a tremendous amount of stress, and some spend their entire workday making life and death decisions. Put quite simply, the chaos of a healthcare provider’s life can be a perfect storm – one that has the potential to breed all sorts of mental health issues. Sadly, seeking help may jeopardize a physician’s medical license. Learn more about mental health issues as a healthcare provider, and discover how an experienced professional license defense lawyer can help protect your ability to practice medicine.

Mental Health Issues in the Healthcare Industry

Long bouts of stress, when paired with traumatic experiences, can take a serious toll on the mental psyche of an individual – and doctors are no exception. Yet the public tends to assume that physicians are superhuman, somehow immune to the mental health ailments that plague the rest of society. Such assumptions are preposterous, of course, but the unrealistic standards that physicians are often held to can create fear for those that wish to seek help.

Take, for example, a report done by the Federation of State Medical Boards. In it, they examined state medical board license applications, and they submitted a seven-item survey to the boards themselves. Nearly all the boards (91 percent) indicated that a physician could have their license suspended, revoked, or otherwise restricted if they received a mental impairment diagnosis. At least four of the boards also indicated that substance abuse or psychiatric illness alone could be enough to cause the loss of a physician’s medical license.

Mental Health Care and Your Medical License

Although physicians do have justification for their fears, it is important that they seek mental health care when it is needed. Failure to do so can place more than just one’s license at risk; it could also result in poor decision making, extreme burnout, and could even increase the risk of suicide. However, physicians are encouraged to seek protection if they have any reason to believe that their license could be in jeopardy – either because they have sought mental health care or have mental health condition or substance abuse problem.

With nearly 30 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, can take aggressive action to protect your medical license. Committed to ensuring the future of your practice, our Texas medical license defense attorney will skillfully assist you through every step of the investigation and disciplinary process. Learn more by scheduling a free and personalized consultation. Call 512-228-7946 today.


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 lawyerSometimes, the mistakes that physicians make are not related to negligence. Instead, they are the actions of a protective and thoughtful doctor – one that wanted to protect or help their patients. Sadly, not even the best of intentions can save physicians from disciplinary action. Learn more about the well-intentioned mistakes that a doctor can make, and how an experienced medical license defense lawyer can help mitigate against the consequences that one may face after an investigation by the Texas Medical Board.

Doctor Faces Discipline for Signing Blank Prescription Forms

When an influential physician had to leave for a trip, he signed several prescription forms and then left them in a locked drawer for his nurse. The goal was to ensure that his opioid-addicted patients had access to the medication they needed. He did not want to risk them relapsing.

Unfortunately, the drug was a controlled substance (Suboxone). Furthermore, he had violated a concrete rule: physicians are not to sign blank prescription pads, for any reason, or under any circumstance. Ultimately, his license was suspended, and now his patients are left with no choice but to search for another physician. News sources state that he is the only doctor in the area permitted to write Suboxone prescriptions, so they may have to search for a while.

How You Can Avoid Facing the Same Fate

Mistakes related to prescription authority often lead to disciplinary action for physicians, but it is far from the only best-intentioned mistake that one can make. Other areas of practice that may lead to an investigation and/or disciplinary action include:

  • Trying to comfort an ailing patient, which may lead to accusations of overstepping professional boundaries;
  • Delegating tasks to a staff member that fails to follow through;
  • Offering a hopeful but unrealistic prognosis or treatment option; and
  • Providing a service that extends beyond the typical standard of care.

Whatever the situation, it is crucial that you speak to an experienced attorney as soon as you learn of an investigation. Alternatively, if you believe your license could be at risk because of a recent situation, you can discuss the matter with an attorney to determine how you may mitigate against disciplinary action, possibly before the investigation starts.

Contact Our Texas Medical License Defense Lawyer

If you are facing an investigation with the Texas Medical Board, contact Oscar San Miguel, Attorney at Law, for assistance. Dedicated to protecting your practice, our Texas medical license defense attorney can protect your rights. In every situation, we aggressively pursue the most favorable outcome possible. Obtain the representation you deserve. Schedule your free consultation by calling 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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