More 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.

Sources:

https://www.texmed.org/Template.aspx?id=6890

http://news4sanantonio.com/news/local/texas-medical-board-disciplines-45-physicians

Everyone 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.

Source:

http://www.pjstar.com/news/20161107/peoria-doctor-indefinitely-suspended-following-repeated-misconduct

Physicians 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.

Source:

http://news4sanantonio.com/news/local/texas-medical-board-disciplines-45-physicians

While a large percentage of medical license suspensions occur because of a situation related to a doctor’s practice, there are some everyday issues that can put your license at risk. Some are unexpected. Others you may not know about. Yet all have the potential to create havoc. Learn what these potential risks are, and how you can fight, should you find yourself the subject of an investigation or a possible medical license suspension.

In-Office Relationships, Conduct, and Practices

If you are a part of a medical practice, and you have others that work with you as either partners or subordinates, your license is placed at risk on almost a daily basis. The things that happen – the hiring or firing of an employee, interoffice relationships, staff-patient interactions, drug abuse, failure to renew a license, and more – can fall under your jurisdiction. As such, it is critical that you practice due diligence in all that you do. Document everything, take action when needed, and always set clear boundaries, guidelines, and consequences for interoffice conflict and/or situations that may put you at risk.

DUI or Other Criminal Charges

You do not have to be at the office to face consequences. There are things that can happen while driving home from a Christmas party, or while out with fellow colleagues that can place your medical license at risk. For example, a common barroom brawl (even if it was self-defense) could lead to criminal charges, which may put your license at risk for suspension. Being arrested for a DUI may also cause a suspension of your license. Even worse is that a conviction may not be necessary; you may still face consequences from the Texas Medical Board, even if your criminal charges are dismissed.

Overdue Child Support

Ideally, one should never let child support payments get behind. However, there are extenuating circumstances that may cause you to be late. Fall far enough behind and your medical license could be suspended. Not only is this a major inconvenience for you, it could result in difficulty in getting your license reinstated. You may also be required to pay extra fees. Be proactive if you fall behind, and if your license is suspended, get assistance with the reinstatement process.

Contact Our Texas Medical License Defense Lawyer

Oscar San Miguel, Attorney at Law, can help you deal with whatever life throws at you. Dedicated and experienced, we will aggressively fight to help you with your medical license investigation, suspension, revocation, or reinstatement. Schedule a consultation with our Texas medical license defense lawyer to learn more. Call 512-228-7946 today.

Sources:

https://texasattorneygeneral.gov/faq/cs-parents-frequently-asked-questions

http://www.foot.state.tx.us/licensing.childsupport.htm

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.164.htm

When 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.

Source:

http://www.sastowlaw.com/2013pdfs/Medscape%20Jan2013.pdf