Even if you believe a Texas Medical Board complaint against you is unwarranted, you must treat it seriously and with the utmost professionalism.
The Texas Medical Board (TMB) receives over 7,000 complaints every year and they conduct a preliminary evaluation of every single one. After a complaint is filed, the TMB begins the process of determining if there is sufficient evidence to support the allegations.
If the TBM determines that a violation of the Medical Practices Act might have occurred, then it begins the investigation. At this point, if you are the subject of the complaint, you will be notified of the alleged violation(s) and will be asked to provide additional information.
Responding to Unwarranted Medical Board Complaints
At this stage of the complaint, even if you believe the allegations are unwarranted, we highly recommend that you hire an experienced medical board defense attorney. Your initial responses to the allegations are crucial.
Don't panic. Read the complaint thoroughly, calendar the date by which you must respond to the TMB, and contact an attorney to schedule a case evaluation. It is important to press on and not to let panic or anxiety get the best of you.
Notify any entity that must be notified. You may be bound by certain bylaws or other agreements to disclose any pending complaints with the TMB to your employer, an affiliate hospital, your malpractice insurance carrier, or another party. If so, notify those entities per the terms of your agreement.
Gather documents, files, and any other evidence that is or could be relevant to the circumstances surrounding the complaint. Be meticulous with gathering documents and evidence. Evidence demonstrating you did everything you are required to do is your best line of defense against a board complaint.
Together with your attorney, craft your initial response to the Board complaint. Your initial responses to the TMB complaint are critical and will have an impact on the final outcome of the complaint.
Our Firm believes that immediately consulting an experienced license defense attorney to help you respond to the initial inquiry helps ensure the most favorable outcome in your case. In fact, it is not uncommon that we shut down frivolous and unwarranted complaints with a well-crafted initial response. Our results speak for themselves.
Be mindful of discussing the complaint with anyone who is not your attorney. What you discuss with you attorney is protected by attorney-client privilege. Things you say to colleagues, friends, or family are not privileged and those people may be subpoenaed by the Board as witnesses against you. Further, anything you say or send to the Board can be used as evidence against you. Do not communicate with the Board prior to contacting an attorney or without your attorney present. You do not want to do anything that will harm your defense.
Know that you will survive this. Facing a complaint from the Texas Medical Board may be one of the most difficult experiences of your career―and this may be true even if the complaint is unwarranted. You invested vast amounts of time and money into becoming a doctor or health care provider. We understand what is at stake. This is why we are tireless advocates for our clients. Our job is to protect your license, your career, your livelihood, and your reputation.
Hire the Experienced Medical License Defense Attorneys of BERTOLINO LLP
If you have been notified of a complaint filed against you with the Texas Medical Board, BERTOLINO LLP can help. We are experienced medical license defense attorneys and we know how to navigate the TMB's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license, including:
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.