Facts: EJ received a complaint from TMB which reported that EJ prescribed inappropriate medication to a patient. The complaint noted that EJ prescribed a medication that was not safe to take when breastfeeding to a breastfeeding patient. The patient took the medication, but no harm or injury occurred. Outcome: The firm provided a response including evidence that …
Texas Medical Board v. CD
Facts: CD was terminated from his employment with a hospital and then reported to TMB. He was never orally advised as to why he was being terminated. However, his termination notice indicated that it was due to record deficiencies and billing errors. However, once TMB turned over all of the hospital’s evidence it became evident that …
Texas Executive Council of Physical Therapy and Occupational Therapy Examiners v. PM
Facts: PM hired Bertolino LLP to defend against a complaint filed with the Council. The complainant made groundless allegations that PM had violated patient billing requirements, and this baseless complaint threatened to damage PM’s reputation and expose him to potential discipline from the Council. Outcome: Bertolino LLP evaluated the client’s case, assessed the applicable law …
Texas Medical Board v. CP
Facts: Our client CP hired us to develop a legal strategy to avoid discipline in connection with client’s criminal matter. Outcome: The Firm analyzed the facts and applicable law to ascertain the probability of the Board imposing disciplinary action based on the circumstances in connection with CP’s criminal matter. It was determined that the law …
Texas Medical Board v. RL
Facts: RL hired the firm to review his application for licensure. RL applied for licensure with TMB before and his application was denied based on a termination from his residency program several years prior. Outcome: The firm drafted supplements to RL’s application to explain his prior termination. The firm provided evidence and argument regarding the …
Texas Board of Veterinary Medical Examiners v. RW
Facts: RW hired Bertolino LLP to aid her in obtaining authorization to sit for the licensing examination with the Board after her request was initially rejected due to a criminal history matter. The client was eager to sit for the exam so she could continue forward with her educational goals and the Board’s decision was standing in her way. Outcome: Bertolino LLP evaluated the client’s case, we assessed the applicable law and we gathered the documentation necessary to advocate for …
Texas Medical Board v. UJ
Facts: UJ submitted an application for licensure and failed to disclosed prior criminal activity. After TMB requested information on the criminal activity, UJ provided records that they received from the district court associated with the criminal cases. TMB followed up requesting additional records and then stopped communicating with UJ. Outcome: After consultation with UJ the firm submitted a …
Texas Board of Nursing v. WC
Facts: WC received a secondary complaint regarding allegations of sexual conduct with a former patient. The evidence presented included text messages, social media posts and app screen shots regarding WC and patient’s alleged sexual activity. Outcome: After WC retained counsel the firm provided a response to the allegations. The firm argued that the evidence was insufficient and …
Texas Medical Board v. TR
Facts: TR received a complaint from TMB and a notice for ISC. The allegations against TR were submitted to TMB by her former employer. TR was terminated from their employer after they appeared intoxicated during work hours. Witnesses attested to the fact that they saw TR slurring their words after interacting with a patient. TR refused …
Texas Board of Nursing v. JA
Facts: Our client, JA hired us to assist in protecting her Texas nursing license. JA was offered disciplinary action prior to engaging our services. Outcome: The firm analyzed the relevant documentation and enabling Statute and Board rules. After presenting the client’s position based on the facts and law, the Board vacated the disciplinary action and issued a dismissal. …
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