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What is Involved in Defending Your Medical License?

The loss of your medical license could put an end to your career. You could lose everything you worked so hard for. When you have dedicated yourself to completing the extensive education required to provide care to patients, it is devastating to find your opportunity to continue practicing medicine is at risk. It is important you know how to respond to an investigation or to accusations of wrongdoing so you can minimize the chances you will have your licenses suspended or the chances your license will be lost.  

Because the stakes are so high, it is important to talk with an attorney who can help you appropriately respond to an investigation and defend your medical license.

The disciplinary process is an administrative one through the Texas Medical Board, although you may also face separate criminal charges depending upon the specific accusations which have been made against you. This means you need to find a professional license attorney who is familiar with these processes and who is prepared to help you formulate an effective defense.

The specific process of defending your medical license is going to vary depending upon the wrongdoing of which you have been accused. Having an experienced attorney to help you navigate this process and provide you with legal advice at each juncture is imperative.

Typically, you will be the subject of an investigation and will need to answer questions and provide information about the complaints made or the subject of the inquiry. An investigator might appear at your office without making an advanced appointment. Don't be fooled if the investigator seems casual or seems nice. The investigator is not on your side and you should not answer questions or provide information without having your lawyer present. Insist that they contact your attorney to make arrangements for any questions, interrogation or documentation.

Depending upon the accusations made against you, you may be asked to turn over specific documents or may be asked to undergo a physical or a mental examination as part of the investigation. Before agreeing to anything, again it is important to get legal advice to find out what you should do to try to protect your license as much as possible.

You can also begin building your own defense during the investigation process so you are prepared if the administrative proceedings against you move forward. This can mean contacting witnesses and working with your attorney to find experts who may be willing to testify for you about your conduct.

If disciplinary proceedings move forward against you, you could potentially try to negotiate a resolution which involves some type of sanctions you find you can live with. An attorney can help to negotiate this type of agreement on your behalf. If you cannot come to an agreement on negotiated sanctions or if you want the opportunity to defend yourself instead of accepting consequences, you'll need to present a defense of your conduct and/or refute the accusations against you during an administrative proceeding. Your lawyer can assist you in presenting the evidence and making the arguments you need to defend your license.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our Law Firm has been able to help people across the state of Texas through our offices in Austin, Houston and San Antonio. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

Super Lawyers Rising Star American Bar Association Defending Liberty Pursuing Justice State Bar of Texas Pro Bono College Super Lawyers New York State Bar Association Houston Bar Association Austin Bar Association American Center for Law and Justice Law Firm 500 10.0Tony Ray Bertolino

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