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Informal Settlement Conferences Before the Texas Medical Board

Physician License DefenseTexas physicians going through the process of battling a complaint against their license are, at times, forced to endure the stress of an Informal Settlement Conference before the Texas Medical Board.

An Informal Settlement Conference is by no means the first step in the complaint process. After the Board receives a complaint against a physician—whether by a patient, or a member of a patient's family, or another healthcare worker, or someone else—it reviews the allegations to determine whether the allegations therein are within its jurisdiction. If not, it is dismissed. If so, it notifies the physician of the complaint and tries to determine whether evidence exists to support the allegations. If it finds that the allegations and evidence indicate failure to meet the proper standard of care, the case is sent forward to the Litigation Section of the Board, which then schedules an Informal Settlement Conference proceeding.

A physician facing this proceeding should not be fooled by the word "informal" in its title. These conferences are meant to resolve the complaint without resort to a formal hearing before the State Office of Administrative Hearings (SOAH), but their outcomes are as formal as they come, and must be adhered to.

During the Informal Settlement Conference, the physician under fire has the opportunity to present their case for having not been in violation of any rules, laws, or standard of care. Suppose the proceeding ends with a determination that there has been a violation of the Medical Practices Act. In that case, the physician may be presented with an Agreed Order setting forth the disciplinary action to be taken against them. If the infraction is a minor one, on the other hand, the Board may put forth a Remedial Plan, which is a corrective action that does not reach the level of disciplinary action. The physician under fire may choose either to accept or reject either of these proffered options.

At every stage of this process, an experienced medical license defense attorney is essential. Our law firm helps physicians keep their licenses when those licenses are under attack by the Texas Medical Board. With offices in Austin, Houston, and San Antonio, we serve professionals all over the state. As experienced attorneys, well-versed in state administrative and licensure laws, we know how to win. Our results speak for themselves!

If you are facing disciplinary action, contact us today or call (512) 717-5432 and schedule a case evaluation.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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