A doctor's medical license is something that isn't easily earned, but could be quickly lost if allegations of misconduct or criminal wrongdoing aren't promptly and properly addressed.
Our medical license defense attorneys in Texas are committed to helping physicians fight back against claims of wrongdoing that threaten their live's work. We recognize that even in cases wherein serious criminal wrongdoing is alleged, those accused are innocent until proven guilty.
It is our goal to protect your medical license while you work through the process of answering to the criminal complaint. Many cases before the Texas Medical Board involve solely ethical breaches rather than criminal ones, but your attorney should be prepared for the handling these more complex matters.
Recent Texas Medical Board Temporary Suspension
The Texas Medical Board recently temporarily suspended without notice the medical license of a physician from Kingsville, after he was accused of sexually assaulting multiple during doctor's appointments.
The doctor, an endocrinologist, was arrested following two formal complaints filed by women who allege the doctor sexually assaulted them. In one case, a patient said the physician conducted an unnecessary examination of her genitals. That incident occurred five years ago. Details of the second incident were not immediately available via news reports, but police did note that once those allegations became public, nine more patients stepped forward with allegations.
In a press release, the TMB announced the temporary suspension of the doctor's license after determining the continuation of his practice of medicine would pose a continuing threat to public welfare. The suspension was made effective immediately, following the board's review of related arrest reports, which indicated the alleged crimes took place in the doctor's medical office during patient visits.
What You Can Expect
The Texas Medical Board receives and reviews some 7,000 complaints annually from patients, family members, health care providers and other sources - including law enforcement agencies. If the board determines it has jurisdiction, it will start the process of sorting out whether there was a violation of the Medical Practice Act, examples of which may include:
- Medical errors;
- Incorrect diagnosis;
- Inappropriate prescribing.
Complaints that involve medical care issues are assigned to the board's physician investigator, who will assess the veracity of the claim. If there is a potential threat to patient safety with the continuation of the doctor's continuing to practice, the board may impose a temporary suspension, without any notice.
This is not the final word. From there, a hearing may be held with notice to ascertain whether that temporary suspension should continue.
Contact A Medical License Defense Lawyer
Although "temporary" may not sound so bad, the reality is, based on the duration and other factors, doctors may lose Medicare billing privileges and DEA-controlled substances registration that may be crucial to their practice. Regaining those can be a logistical nightmare, even if your name is cleared.
If you have been notified of some complaint against your practice or you personally or that you have been the subject of a temporary medical license suspension in Texas, we urge you to contact an experienced attorney from Bertolino LLP who can advise you of your rights and viable defenses. Medical license defense is often a complex matter, and you need to ensure you are fully prepared.