The length of medical license defense cases can vary greatly depending on your case’s complexity, the resources available to both sides and other factors. Typically, a medical license defense case could take a few months to several years to resolve.
In some cases, the entire process could be completed in as little as a few months if an agreement is reached and no informal conference is warranted. However, it could take much longer if an agreement cannot be reached. It can take several months to schedule an informal settlement conference. Further, if an agreement is not reached after the conference, then the matter will be set for trial. Once a trial is set it could still take over a year for a case to resolve.
If a Texas Medical Board (TMB) investigation is initiated you need a respected and experienced Texas medical license defense lawyer. The skilled attorneys at Bertolino LLP have experience with the toughest medical license defense cases. Call today for a risk-free consultation.
What Happens During a Medical License Defense Case?
A medical license defense case is a critical and often intricate legal process that arises when healthcare professionals face allegations that could jeopardize their ability to practice medicine.
The specific steps and processes may vary by the nature of the allegations, but here is an overview of the typical disciplinary process and answers to clients’ common concerns:
- The TMB files a complaint outlining allegations of misconduct or negligence. You must respond promptly and cooperate fully, providing all requested information.
- Your attorney will thoroughly investigate the allegations, reviewing records and statements to build your defense strategy.
- Negotiations ensue to reach a settlement agreement, possibly involving probation, training, practice limitations, or other conditions.
- If no settlement is reached, disciplinary hearings will be scheduled. Your legal team will represent you at these hearings.
- Expert witnesses and testimony will be presented on your behalf to invalidate allegations and demonstrate your professionalism.
- The TMB will issue a decision on your case, which may involve license revocation, suspension, probation, fines, or exoneration.
What Can Be Done to Expedite a Medical License Defense Case?
Because speed is paramount when your practice hangs in the balance, doing what you can to expedite your medical license defense case can be beneficial. While the precise timeline is often determined by the TMB and the complexities involved in the case, here are some steps that move the process along:
- Immediate response: Respond promptly when you receive notification of the complaint or investigation. Delays can extend the timeline and may be perceived as lacking concern or acknowledgment.
- Retain legal counsel early: Engaging an attorney specializing in medical license defense right from the outset ensures you have expert guidance from the beginning, which can streamline many aspects of the process.
- Organize documentation: Gather all relevant documents, records, and evidence promptly. A comprehensive set of documents ready for review can save time during the investigation.
- Open communication: Maintain open and transparent communication with your attorney and, if advised, with the medical board. Being accessible and responsive can prevent unnecessary delays.
- Pre-emptive actions: If certain allegations have a basis, consider taking pre-emptive remedial actions. For instance, if the complaint revolves around a specific medical procedure, consider undergoing additional training or certification in that area. Demonstrating proactive responsibility can sometimes expedite resolutions.
- Alternative dispute resolutions: Consider mediation or another form of alternative dispute resolution, depending on the nature of the allegations. This can be a faster way to address the concerns of both parties without a prolonged formal hearing.
- Clear and concise statements: Whether in written responses or during hearings, being clear, concise, and truthful in your statements can expedite the process. Rambling, vague, or contradictory statements can prolong investigations or hearings.
- Stay informed: Understand the process, timelines, and what’s expected of you at each stage. This ensures you meet all deadlines and adhere to any requirements set by the medical board.
- Waivers: In certain cases, there may be waiting periods or deadlines set by regulatory procedures. While not always advisable, it might be possible to waive certain waiting periods, but this should be done under the guidance of your attorney.
- Seek settlement or agreement: In some instances, it may be possible to come to a negotiated agreement with the medical board, avoiding the need for a prolonged hearing. However, this should be approached with caution and under the advisement of your attorney, as it may involve admitting to certain allegations.
- Be prepared for hearings: If a hearing is unavoidable, ensure you and your legal counsel are well-prepared. This includes rehearsing your statements, having witnesses ready, and organizing your evidence in a clear and accessible manner.
While these steps can help expedite a medical license defense case, it’s essential to remember the primary goal is a favorable outcome. Rushing the process shouldn’t come at the expense of a thorough and robust defense. Always rely on the expertise of your legal counsel to guide you on the best course of action.
What Factors Can Weaken or Slow a Medical License Defense Case?
A medical license defense case can be weakened or last for an extended period due to a variety of factors, including:
- Evidence concerns: Clear evidence of negligent, unethical, or illegal conduct; egregious infractions are harder to defend.
- Past issues: Previous complaints, disciplinary actions, or malpractice settlements are on your record. Questionable history raises greater scrutiny from TMB and may mandate harsher sanction.
- Communication delays: Delayed, disorganized, or defiant responses to licensing board inquiries and a lack of prompt cooperation.
- Lack of remediation: Insufficient documentation of remedial measures after an incident, such as failing to show improved processes.
- Witness credibility: Unreliable or inconsistent witnesses and experts are backing you. Credibility issues undermine defenses.
- Legal obfuscations: Introducing complex legal technicalities that divert focus from addressing allegations makes boards lose patience with obstructionist tactics.
- Non-acknowledgment: Failure to acknowledge any possibility of error, as in admitting no fault, appears uncompassionate and unreasonable.
- Empathy issues: Inability to engender empathy for the doctor’s perspective among board members. Alienating decision-makers damages the case.
- Negotiation inflexibility: Inflexibility in negotiations and settlements or unwillingness to compromise often hardens the board’s position.
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Discuss Your Medical License Defense Case’s Timeline With an Attorney for Free
If your career is suspended while accusations threaten everything you’ve worked for, you deserve an experienced ally. Bertolino LLP has defended doctors like you against baseless charges and rushed judgments for almost two decades. Our medical license defense lawyers will fight for you with vigorous advocacy.
During our initial case review, we will discuss a timeline for fighting back against the TMB’s allegations. Our record includes early dismissals, cleared names, and courtroom victories against steep odds. Our success is in our strategy and our knowledgeable and experienced attorneys. Contact us today when you are ready for us to fight aggressively to defend your livelihood and reputation.
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