At its October meeting the Texas Medical Board (TMB) disciplined 34 licensed physicians. This volume of disciplinary action represents a significant decrease from its June meeting when the TMB disciplined 80 physicians.
In its press release the TMB shared that the October disciplinary actions included:
- 7 Orders related to quality of care violations,
- 4 Orders related to unprofessional conduct,
- 2 license revocations,
- 3 voluntary surrenders/revocations,
- 2 license suspension,
- 1 license restriction,
- 2 Orders related to nontherapeutic prescribing,
- 1 Order related to improper supervision or delegation,
- 1 Order relating to improper prescribing,
- 4 Orders related to violation of prior Board Order,
- 2 Orders related to other states’ actions,
- 2 Orders related inadequate medical records,
- 1 Order related to impairment,
- 2 Orders related to Texas Physician Health Program violation.
TMB complaints resulting in disciplinary action are most often resolved by an Agreed Order, an agreement between TMB and the licensee being disciplined, which sets out the sanctions and disciplinary action against the licensee.
Disciplinary Action: Quality of Care Violations
One of the most prevalent reasons the TMB takes disciplinary action against a licensee is for quality of care violations. Here are just a few reasons for which TMB handed down disciplinary actions related to quality of care violations in October:
- TMB found Dr. Simon Garza-Keever violated the standard of care for 20 patients for whom he treated for obesity and associated medical problems, failed to obtain complete patient histories and/or perform complete physical examinations, and failed to maintain adequate medical records.
- TMB found Dr. David Michael Wallace did not adequately document a patient’s medical record. He failed to document the possibility of a deep vein thrombosis in his differential diagnosis though he indicated he discussed the possibility of one with the patient.
- TMB found Dr. Norman Jose Torres failed to meet the standard of care for one patient by failing to properly position screws correctly in two successive spinal surgeries and failed to recognize post-surgical complications.
Board Orders related to quality of care violations may include additional training and CME, administrative penalties, a mandate to have one’s medical practice monitored by another physician for a certain time period, or other remedial measures.
Complaints regarding quality of care violations are especially serious and heavily investigated. A TMB complaint investigation involving alleged violations of the standard of care require evidentiary review by at least two members of the TMB Expert Panel who are board-certified in the same or similar medical specialty as the licensee under investigation. If the Expert Panel finds the stand of care was not met, the complaint is forwarded to the Litigation Section for further action.
Hire an Experienced Medical License Defense Attorney
If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We are experienced medical license defense attorneys and we know how to navigate the TMB’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license, including:
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
Our firm believes that immediately consulting an experienced medical license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757 and schedule a case evaluation.