Physician License Defense

Doctors and surgeons must adhere to rigorous professional standards in Texas. These rules and regulations exist to protect the lives and well-being of patients. The standards were also created to protect the rights of doctors and surgeons. 

As a highly skilled medical professional, you have spent years training and building a solid reputation. If your medical standard-of-care or professionalism is being challenged by the Texas Medical Board or the Texas Physician Assistant Board, it is critical that you have a knowledgeable attorney on your side. 

An experienced medical license defense lawyer at our firm can meet with you to discuss the details of your case. The Texas medical board licensing attorneys at Bertolino LLP are proud to provide our exceptional skills and offer peace of mind. We are here to represent your best interests. 

Our License Defense Attorneys Represent Doctors Throughout the State

The number of complaints filed with the Texas Medical Board has greatly increased over the past several years. Such complaints include charges of inadequate health care, allegations of illegal drug use, breaches in standard of care, and inappropriate relationships between doctor and patient. Complaints can be filed by hospitals, patients, your peers, or the board itself. 

Without a strong response, the consequences may have a lasting impact on your medical career and license. Before the Texas Medical Board begins its investigation, you will receive a letter detailing the nature of the complaint. Do not respond to the letter without first consulting with an experienced attorney. 

Our highly accomplished administrative law attorneys can work with you to respond to the allegation, prepare a defense on your behalf, and collect the evidence that may help to clear your name. You should expect your medical board attorney to interview your colleagues and other fact witnesses, review relevant medical records, and call upon experts who can testify on your behalf. When every detail matters, we will work tirelessly to assemble a solid and successful legal case.

Your Physician License Can be Challenged by Any Number of Complaints

The Texas State Medical Board will prioritize and sort complaints. Like most medical decisions, those that pose the greatest threat or risk to patient health will be bumped to the front of the line. For example, complaints are fast-tracked when there are allegations of drug or alcohol abuse or if a physician is allegedly involved in an inappropriate sexual relationship with a patient. 

Some of the most common complaints against a physician include:

• Inadequate medical documentation
• Fraudulent billing practices, including upcoding, duplicate charges, or charges for services that were never rendered
• Inappropriately prescribing a controlled medication, including opioids
• Failure to properly monitor a patient on a controlled medication
• Failure to properly diagnose 
• Failure to treat
• Failure to properly supervise another medical professional during patient care or treatment
• Unprofessional conduct, including inappropriate behavior around or towards staff members, colleagues, or patients
• Substandard medical care
• Medical negligence 
• Failure to respond to patient or hospital during an emergency
• Failure to use proper diligence in the generally accepted manner
• Criminal conduct, including prescription drug fraud, Anti-Kickback Statute violations, DUI, and defrauding the government using Medicaid or Medicare 
• Violations stemming from the chain of patient care

In recent years, medical errors have been studied under greater scrutiny. When the Centers for Disease Control and Prevention (CDC) failed to recognize medical errors as a cause of death, Johns Hopkins Medicine created a comprehensive study to accurately portray patients’ cause of death. Their data reflects that 10% of all US fatalities can be attributed to medical errors, becoming the third-highest cause of death. 

Recent Statistics Show Trends in Physician License Complaints

Medical errors do not always stem from negligence and are not always subject to a medical malpractice lawsuit. However, medical errors can be used to file a complaint with the Texas Medical Board. Complaints to the TMB range from criminal actions to negligence, though some do not fit into a specific category. 

The term, “unprofessional conduct” has become a generalized phrase involving various acts. In the last reporting year, 50% of complaints against physicians cited unprofessional conduct. Only a small number of formal complaints are followed closely by a medical malpractice lawsuit.

According to the study, A Root Cause of Malpractice Claims, only 1-2% of alleged medical negligence become medical malpractice lawsuits. According to various studies: 

• 41% of patients have claimed they are the victims of medical negligence
• Between 80% and 90% of malpractice claims are dismissed without payment
• An estimated 4,000 physicians are subjected to disciplinary action from state boards each year
  • Psychiatrists make up the majority of physicians facing disciplinary charges at 12.8%
  • 34% of charges are related to sexual misconduct by a psychiatrist 

In Texas, physicians have a greater chance of having their license revoked for complaints to the medical board the longer they have practiced medicine. 

Disciplinary Actions Resulting from Complaints Against Physicians

Facing a medical board complaint is overwhelming. If you are dealing with a formal complaint, it may be one of the most stressful processes in your career. The Federation of State Medical Boards (FSMB) oversees and interferes in any improper, incompetent, or unprofessional reported conduct. Technological advances have led to greater accuracy in identifying unprofessional conduct and responding with the appropriate disciplinary action, according to a comprehensive study. 

Over the last decade, an average of 4,000 physicians a year receive disciplinary action of some kind. The number jumped to nearly 9,000 disciplinary actions in the last reporting year. An analysis of the top ten disciplinary actions taken that year by state medical boards saw:

• Licenses were revoked in 264 cases: A revoked license prohibits a physician from practicing medicine within the state. 
• 570 physicians chose to surrender their license: If a physician willingly surrenders their license, it will not be renewed, restored, or reinstated.
• 764 physicians were placed on probation: Physicians on probation will have their license monitored, practice under supervision, or be prohibited from performing specific medical procedures for a set period of time. 
• Licenses were suspended in 796 cases: Suspended licenses are reinstated once the medical board completes a disciplinary investigation or the physician fulfills the requirements they set. 
• Quality-of-care complaints led to 869 continuing medical education (CME) requirements: Generally, CME requirements are issued when the problems stem from the physician’s standard-of-care or treatment skills.
• Conditions set by the board were imposed in 887 cases: Conditions are subject to the board’s discretion and vary widely with each complaint.
• 890 physicians were fined for unprofessional conduct
• 1,023 cases were subjected to administrative action: Administrative actions are typically non-punitive and will not affect a physician’s license. 
• Reprimands were issued in 1,147 cases: In lieu of formal charges, the medical board may issue a private or public reprimand. The reprimand may take the form of a letter, warning, or another non-disciplinary action. 
• 1,343 physicians had their licenses restricted: Restricted licenses usually result in the loss of clinical privileges and often stem from mental and health issues or overprescribing medication. 

The above analysis compared the results from the last reporting year with trends over the last decade and found an increasing number of restricted and suspended licenses. 

Complicated Cases Demand Experienced Physician License Defense Lawyers

Dealing with license defense issues can be overwhelming for physicians. There are numerous intricate legal matters that need to be considered. It is critical to have someone you trust on your side. You need someone who thoroughly understands Texas’ legal system.

Our goal as your legal adviser is simple: 

• We want what is best for you.
• We begin by listening and learning the details of your case.
• We want to know about your needs and expectations.
• We strive to put you in a much better place than you were in before you hired us

How a Physician License Defense Attorney in Texas Can Help

A successful defense can help mitigate any damaging effects from the complaint, protect your professional reputation, and may safeguard the integrity of your medical license. The experienced litigation team of Bertolino LLP has helped numerous physicians maintain their medical licenses. Our Texas physician license defense lawyers have extensive knowledge of the medical board investigative process.

If your physician’s license is in jeopardy or you suspect a complaint has been made against you, it is in your best interest to contact our medical board defense attorneys. Contact us and schedule a consultation with our law firm’s Client Relations Coordinator. We are here and ready to discuss the details of your case.

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