A complaint is a formal notice filed against a license holder alleging unprofessional conduct. Disciplinary action is a sanction taken against an individual’s license if the board determines, after investigation, that unprofessional conduct occurred. When someone files a complaint with a state medical board, a formal review and investigation is opened.
If the board determines that the physician or other practitioner acted unprofessionally or incompetently, they may propose to take disciplinary action against that individual’s professional license.
That said, if you are a healthcare professional and receive a complaint letter, you should take it seriously. As Texas medical license defense lawyers, we recommend taking a proactive approach to misconduct allegations because your career and livelihood may be in jeopardy.
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How Do State Medical Boards Handle Complaints?
When a state medical board receives a complaint about a healthcare professional from a patient, fellow professional, government agency, or organization, the investigative process may lead to several adverse actions.
The state medical board may hold hearings and impose disciplinary action, including public reprimands, fines, probation, suspension, or revocation of the practitioner’s license.
While state medical boards can and do suspend or revoke professional licenses, some complaints can be resolved with additional training or education in appropriate areas.
In these situations, the board may still place practice restrictions on an individual’s license or put the individual on probation to protect the public. At the same time, the license holder may be required to complete remedial training or rehabilitation to correct the issue and strengthen their skills, knowledge and education.
State Medical Boards Are There to Protect the Public, Not You
Although state medical boards, like the Texas Medical Board (TMB), handle things like licensing and ongoing registration, their primary purpose is to protect the public from harm by ensuring that healthcare professionals provide the proper standard of care when caring for patients.
State medical boards also determine when a physician’s or other practitioner’s professional conduct or ability to practice medicine warrants behavior modification, temporary suspension, or permanent revocation of their professional license. Since the board protects the public, it is not their job to defend you.
What Kind of Complaints Are Made Against Medical Professionals?
The list of complaints you may face as a medical professional is surprisingly vast, encompassing a wide range of issues that may pose a risk to your medical license. While not all complaints lead to license suspension or revocation, addressing them as soon as possible can help you avoid disciplinary action.
A uniquely qualified medical license defense attorney from Bertolino LLP can help you respond to the complaint and defend yourself against the accusations.
Here are some of the prevalent types of allegations and complaints that Texas providers may face:
- Legal troubles, like charges for DUI or other criminal offenses
- Concerns based on peer reviews or healthcare facility reports
- Testing positive for illicit drugs, which can cast doubt on professional capabilities
- Coping with mental health issues that affect decision-making abilities
- Professional misconduct or gross medical negligence
- Medicaid or Medicare fraud
- Sexual relationships with patients
- Illegal prescribing of medications to patients
- Failure to report relevant information during the application process
- Neglecting to supervise a patient’s controlled substance usage
- Practicing medicine while under the influence of drugs or alcohol
- Inappropriate interactions with staff or patients or engaging in unprofessional conduct
- Inadequate or incomplete medical record documentation that affects patient care
The above list offers only a glimpse into the common grievances filed against medical professionals. If you are confronted with these or any other allegations that might jeopardize your medical license, a proactive approach can help safeguard your future.
Seeking the expertise of an experienced professional license defense lawyer can significantly aid in protecting your professional standing.
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What Are the Consequences of Medical Malpractice or Misconduct?
If the medical board finds the accusations against you to be valid, you could face serious consequences. Not only is your professional license at risk of being suspended or revoked, but you may also face a civil lawsuit for malpractice.
If someone has accused you of medical malpractice, you could also have an insurance claim or civil lawsuit filed against you. If the other side prevails, you might be required to make amends to the alleged victim for the various ways they claim your actions or inaction have harmed their quality of life. This could include a judgment for monetary damages.
Your medical license could be at stake as well. The consequences you face could be devastating to your career and personal life. If the state medical board determines the accusations against you are true, you could face harsh disciplinary action, including reprimand, administrative fines, and suspension or revocation of your medical license.
With your reputation and livelihood on the line, obtaining legal representation is vital. A medical license defense attorney from our firm can help you respond to the complaint and build a compelling defense strategy so you can protect your career and reclaim your life.
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Contact a Medical License Defense Attorney in Texas
Whether you recently received a complaint letter or are already facing disciplinary action, our Texas-based law firm is here to help you through this uncertain time. Even if you believe the complaint is meritless or there are extenuating circumstances, you need a skilled and knowledgeable advocate to raise those defenses on your behalf effectively so it does not tarnish your professional reputation, damage your career or impact your livelihood.
While it may not be possible to avoid adverse actions against you, you can still achieve the best possible outcome with the help of one of our medical license defense attorneys. Even if your license has already been suspended or revoked, an attorney from Bertolino LLP can help put you in a better position to return to the medical field.
Call our law offices or fill out the online contact form to schedule a free, no-obligation consultation.
Call or text (512) 476-5757 or complete a Case Evaluation form
