Receiving a notice from the Texas Medical Board (TMB) that you are under investigation is traumatic. No physician wants to be told that a patient, patient's family member, or someone else has lodged a formal complaint with TMB. Being accused of breaching the standard of care or violating the Medical Practice Act is nothing short of devastating.
If you are facing a complaint against your Texas medical license, you must get proactive to meet this challenge head-on and mount your legal defense from the start.
Steps to Take When Your Medical License is at Risk in Texas
Even a single complaint against you can harm, or even end, your medical career. Here is a list of action steps to take right now.
1. Manage your emotions and face the complaint head-on.
- Address your most urgent matters.
- Calendar relevant deadlines and other important dates pertaining to your case.
- Schedule case consultations with medical license defense attorneys who have experience handling matters similar to your case. Hire the attorney who is right for you. We invite you to learn more about us and how we serve our clients here.
- Gather all documentation and evidence you have pertaining to any aspect of your case. Be very detailed oriented here, because sometimes a skilled attorney can use a seemingly inconsequential piece of evidence to get a case dismissed.
2. Learn about the TMB's enforcement process.
- You can read an overview of the enforcement process on our blog here.
- Learn how the TMB handles complaints, conducts investigations, and know what your options are and what to expect.
- Discuss with your attorney the possible and likely outcome of the case against you.
- Remember that at all stages of the enforcement process you have the right to representation and to defend your medical license.
3. Craft your initial responses to the Board with your medical defense attorney.
- Initial responses are a determining factor in the ultimate outcome of your case. Some cases can be dismissed with well-crafted initial responses.
- Understand what disciplinary action the TMB has the authority to take and what they are likely to pursue in your case. Take time to decide what you are willing to negotiate with the Board, in the event your case progresses to an Informal Settlement Conference (ISC).
- Minimize harm to your patients, employer or partners. Do not speak with anyone about the complaint other than your attorney and people or entities to which you have a duty to disclose a pending complaint.
Staying pro-active on the above steps will help minimize the risk the complaint poses to your medical license.
To learn more about license defense, get a copy of Attorney Tony R. Bertolino's #1 Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.
Defending Your Texas Medical License
If you are facing a licensing issue or someone has filed a complaint against you with the Texas Medical Board, BERTOLINO LLP can help you.
Our attorneys know how to represent Texas doctors at every stage of the TMB complaint process, from the initial investigation and any settlement negotiations through subsequent hearings that may follow. Contact us today or call (800) 210-0126 and schedule a case evaluation.