From time to time, we encounter a physician or other medical care provider who is not self-employed and believes that they are covered by their employer should they be investigated or put through some form of administrative hearing against their license to practice. Sometimes they are not or were not. Other times they have in fact, been covered by their employer—but this fact no longer matters.
Each of these scenarios is highly problematic for various reasons. When a medical provider believes they are covered by their employer such as a hospital, pharmacy, nursing home, or corporate entity, but are not in fact covered, it becomes a severe problem for them when they are faced with a complaint before the Texas Medical Board or other relevant licensing agency. In this case, their legal defense costs (and let’s face it, they will need legal assistance, and they generally recognize it) are theirs to bear, either that or the almost certain loss of license or another form of censure. Even where an employer has orally promised that it will cover these costs, a provider should obtain a statement in writing from the employer stating that it will cover the costs of any legal defense should such aid become necessary during their employment.
Even where such assurance is provided, it may end up amounting to little. This is because one of the more common instances in which a medical provider faces disciplinary actions is when an employer has fired the medical provider, and then itself files a complaint with the relevant Board or Commission. The employment relationship thus terminated, the former employer will not provide the funds for defense against its own accusation—leaving the licensee not just without income but also with the specter of license revocation and the necessity to self-defend (which almost never goes well).
So the time to buy insurance is while safely employed (after the claim is filed it will be too late).
Then, if you are a physician in Texas who finds yourself subject to complaint or review by the Board, contact us. Our law firm helps medical professionals, like you, keep their licenses when those licenses are under attack. Our experienced professional license defense attorneys have successfully helped clients resolve a wide range of complicated legal matters involving professional license defense. We know how to navigate the complaint process, gather evidence, question witnesses, and prepare powerful defenses against allegations of misconduct.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. Our honest, experienced attorneys will fight aggressively on behalf of your professional license and reputation.