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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.

Sources:

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

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

Texas medical license defense attorneyEveryone 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

 

Texas medical license defense lawyerWhile 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

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.

Source:

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

 

 

Texas medical license defense lawyerWhile most people have the luxury of leaving work at work, doctors and other healthcare professionals carry their professions with them. They think about the patient with cancer that might not make it over breakfast, may spend the night tossing and turning when a diagnosis for an extremely ill patient eludes them, or they might find themselves burdened when they look at their own children after losing a young patient to an illness or injury. No, health care professionals do not close the door on work once the shift is over. They do not get a break from the scrutiny either – the kind that requires them to conduct themselves professionally and act with morality. Can your personal life really put your medical license at risk, though? You bet it can.

Unprofessional Conduct

This loose term can mean anything from committing alleged sexual harassment and lewd jokes in the break room to tax evasion or handing an alcoholic beverage to a minor. It applies, whether you are at home, at work, or out in public. Further, any failures in this department can result in a full-on investigation against you. Once the process starts, it can quickly spiral out of control and may ultimately cost you your medical license.

Substance Abuse or Addiction

While many employers use drug tests on the job (prior to employment, if an injury occurs, if an employee is suspected of use while on the job, etc.), and regularly terminate employees for failing such tests, physicians and other healthcare professionals face even higher risks. As an example, a warehouse worker who is fired for failing a drug test may be able to find work at another warehouse. Health care professionals who abuse or are addicted to alcohol or illicit and/or prescription drugs are at risk for a suspension or revocation of their license. This completely bars them from practicing medicine. They cannot simply go work at another clinic or hospital. In fact, unless they want to completely change professions, they cannot work at all.

Moral Turpitude

Moral turpitude can include any act that may be perceived as “vile,” deceitful, dishonest, or violent to a high degree, but it can also include civil and criminal acts against you that the Board considers immoral. Examples might include being arrested for driving under the influence, assault and/or battery, burglary, or other crimes. It may also include the diversion of drugs, theft, or other acts that may not lead to criminal charges but can still have serious implications.

When Your License is On the Line

Investigations from the Texas Medical Board and Texas Board of Nursing are serious matters. Do not risk your license. Instead, contact Oscar San Miguel, Attorney at Law, and get the legal representation that you deserve. Skilled and dedicated, we will work toward the most favorable outcome possible for your situation. Call 512-228-7946 and schedule your consultation with a seasoned Texas medical license defense lawyer today.

Sources:

http://www.medscape.com/viewarticle/857744_1

http://journalofethics.ama-assn.org/2011/10/hlaw1-1110.html

http://www.workingnurse.com/articles/Moral-Turpitude-When-Nurses-Do-Things-That-Are-Intentionally-Evil

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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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