Tag Archives: Texas Medical Board complaint

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.


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 lawyerMore than 150 physicians were disciplined by the Texas Medical Board (TMB) last year. Over a dozen of those doctors had their licenses revoked. Yet the disciplinary actions are only a fraction of the cases taken on by the TMB each year. There are others who are investigated and eventually released from any allegations made against them.

What makes the difference between the two outcomes? In all truth, one can only guess why some physicians faced negative actions while others did not. Yet there is one factor that can make all the difference in an investigation case - the assistance of an attorney. Learn how to protect your Texas medical license, and how an attorney can help.

Communicating Directly with the Board

One of the biggest mistakes that physicians make is they react to an investigation, rather than handling it in a calm and professional manner. Some even go so far as to send an angry and poorly written response to the initial query letter. Others simply suffer from a slip of the tongue while speaking with the investigator, or they divulge information that is incriminating but unrelated to the case. In either situation, the consequences can be grim. License suspensions, fines, administrative fees, and even public scrutiny are a possibility. Reduce your risk of experiencing these issues with legal protection.

How an Attorney Can Help

Although each case is unique, and no definitive outcome can be given, those who seek assistance from an experienced license defense lawyer often have more favorable outcomes than those who attempt to handle the complaint on their own. This is because an attorney brings an array of benefits; from heading off questions to ensuring all requests for information are submitted in a timely manner, they can expedite the process, ensure you avoid the most common mistakes, and defend you when it counts.

If, for example, your case is referred for a hearing, your attorney can help you prepare for the process. They can also fight in your defense, ensuring your rights are protected during the hearing and investigation process. Not many physicians know this (not until they experience it), but the Board can be rather unforgiving, and they are often relentless in their search for any wrongdoing. Your attorney can work as a buffer, protecting you from wrongful actions and over-sharing of information.

Contact Our Experienced Texas Medical License Defense Lawyer

If you are facing an investigation from the Texas Medical Board, Oscar San Miguel, Attorney at Law, can help. Dedicated and experienced, our Texas medical license defense attorney will fight for the most favorable outcome possible for your situation. Call 512-228-7946 to schedule your personalized consultation with us today.


Texas medical license defense lawyerWhen you are under investigation from the Texas Medical Board, and you know you have not done anything wrong, it can be tempting to try and prove your innocence. Unfortunately, this zealousness can sometimes do more harm than good. Learn when and how this could happen, as well as how you can best protect your medical license during an investigation from the TMB.

How the Investigation Process Starts

Based on your response to the complaint letter, and any other information the investigator unearths, the TMB will determine whether they should open a full investigation against you or not. Should this happen, you could be hit with surprise visits, requests for documentation, and time-disrupting phone calls. By this time, your frustration levels may already be soaring to an unexpected high. Keep your cool, though, because failure to stay composed can severely damage your case.

Stress and Over-Sharing of Information

Frustration, stress, and an inherent desire to prove your innocence can lead you to do things you might not otherwise do. If you are innocent, you may even be so inclined to share more information than you need to. Unfortunately, this can be extremely problematic. As an example, say you are being investigated because a patient did not receive the results they had hoped from a procedure. Now, if you did everything correctly and informed the patient of the limitations, you may be in the clear. Yet, if you then invite the investigator into your office where they can poke around, and they find something incriminating there, your case may remain open.

Understanding the Possible Ramifications

The TMB has a battery of methods through which they can discipline physicians, including the ability to suspend or revoke your medical license. This leaves you unable to practice, forces you to fight to get your license reinstated, and can lead to even more stress and frustration. Of course, there are other consequences that may result outside of a license suspension or revocation. For example, you may be publicly reprimanded by the TMB. This can damage your reputation. In short, the ultimate goal is to ensure you do everything possible to try and avoid any form of discipline from the TMB.

Protecting Your Medical License

Medical licensing investigations are highly complex and can be rather adversarial. As such, it is highly recommended that you never handle an investigation alone. Instead, contact an experienced lawyer the moment you receive notice of a complaint. This can ensure that your rights are protected, that you do not offer up more information than you need to, and that every communication is handled thoughtfully and with your best interest in mind.

Backed by more than 20 years of experience in the medical-legal arena, Oscar San Miguel, Attorney at Law, has the skills and knowledge needed to effectively protect you and your license. Dedicated and experienced, we will fight for the most favorable outcome for your situation. Schedule a consultation with our Texas medical license defense attorney to learn more. Call 512-228-7946 today.




Texas medical license defense attorneyFacing a complaint with the Texas Medical Board can be a nerve-wracking experience, especially if you do not know what to expect. Worse than that, though, is that not knowing how to handle a complaint can bring with it costly missteps that may put your license in jeopardy. Be prepared, know what to expect, and how to best protect your medical license.

When a Complaint is Filed

Generally, complaints made with the Texas Medical Board start with a letter of notification. You have a limited amount of time to respond to this letter, and you must do so professionally. In some cases, a well-crafted letter can end the investigative process. (Just be aware that you may not know the full reason behind the inquiry.) In contrast, a failure to respond or inclusion of any information that raises red flags can launch a full-on investigation of your practice. What this essentially means to you is that the Board has found probable cause to examine you for wrongdoing. If you have not already sought the assistance of an experienced medical license defense attorney, now is the time to do it. Do not wait until things spiral out of control.

Watch for Mandatory Reporting Requirements and Other Actions Against You

Sometimes, a complaint triggers a mandatory reporting to other agencies you are affiliated with. Example might include the hospital you work at, other state licensing boards, and malpractice carriers. Failure to adhere to mandatory reporting can lead to even further action against you, even in other states where you are licensed. Further, you should be aware that certain allegations may result in a suspension of your ability to bill Medicare, or it may place limitations on your ability to prescribe controlled substances. If you have any questions about how an investigation may impede your ability to practice medicine, contact a Texas license defense lawyer for assistance.

Handle Every Complaint as Though Your License is On the Line

At first glance, a complaint might seem like a minor issue, yet even unfounded allegations can have a snowball effect on your life and ability to practice medicine. Do not take chances. Instead, approach every complaint as though your license is on the line – because, in all reality, it could be. Reach out for professional help, right from the very start, and never respond to a complaint letter until you have spoken with a physician license defense attorney.

Oscar San Miguel, Attorney at Law, has more than 20 years of experience in the medical-legal arena. Dedicated to helping you successfully navigate the complaint and investigative process, our Texas medical license defense lawyer will fight aggressively for the most favorable outcome possible. Get the representation you deserve and schedule a consultation today. Call 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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