After performing a preliminary review of a complaint against a medical professional, during which a licensee sometimes may submit a response to an initial complaint letter, the Texas Medical Board will pass forward a complaint that is determined to both have probable cause and over which the Board determines itself to have jurisdiction. This is when the complaint enters its formal investigation phase. This phase, according to Board Rule 179.6, is supposed to conclude within 180 days from the initial filing of the complaint—except in certain cases where there is good reason that the investigation could not be completed within that amount of time.
At this point in the process, the licensee under investigation will receive a request by the Board Investigator for medical records pertaining to the complaint, other applicable documents, and the licensee’s explanation of the events under scrutiny.
Where the complaint concerns allegations of a violation of the standard of care, the Board Investigator will send these documents and the licensee’s response to a panel of two experts. The members of this panel are employed to determine whether any standard of care breaches occurred. Should the panelists agree that no such violation has occurred, they will dismiss the case. If they agree a violation has occurred, the investigation will continue. And if they disagree over whether a violation has occurred, the case is sent to a third panelist to break the tie.
Where the complaint concerns allegations of another sort—such as a substance abuse allegation or a claim of some type of criminal act—Board staff will perform the review. It will be up to them to decide whether there has been a violation of a Board rule or of the Medical Practice Act.
At the conclusion of this stage, if it is determined that there has been some sort of violation, the case is passed forward to an Informal Settlement Conference.
Medical Professional License Defense
BERTOLINO LLP provides aggressive advocacy for medical professionals facing disciplinary action in Texas at every stage of the process. We have consistently won significant cases for physicians and other professionals dealing with issues that could jeopardize their ability to work. We know how to build a strong case to protect your license—and your livelihood.
With offices in Austin, Houston, and San Antonio, we serve attorney clients all over the state. As experienced attorneys, well-versed in state and federal ethics rules, we know how to win. Our results speak for themselves!
If you are facing disciplinary action before the Texas Medical Board, contact us today or call (512) 717-5432 and schedule a case evaluation.