Tag Archives: Texas medical license defense attorney

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 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 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 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.



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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