The Texas Medical Board (TMB) licenses and regulates physicians and some other medical professionals throughout Texas. Physicians must ensure they comply with the myriads of state and federal rules and laws governing their profession. All complaints against these professionals and pharmacies go to the TMB for investigation. This state agency also files formal disciplinary charges when warranted, handles contested proceedings, and works to resolve these disciplinary proceedings appropriately. As a result, you should not hesitate to contact an experienced medical license defense lawyer for assistance if you are in disciplinary proceedings before the TMB.
When Do I Need a Medical License Defense Attorney?
You need a medical license defense attorney whenever the TMB notifies you that a complaint has been filed against you. Whether you are under investigation because of a complaint or the TMB has filed formal disciplinary proceedings against you, it is never too early to enlist the services of legal counsel. Getting your attorney on board at the outset of these proceedings can result in a better resolution at an earlier stage in your case.
Whenever you face a complaint or disciplinary proceedings as a physician, your medical license may be at risk. While not all disciplinary proceedings result in suspending or revoking your medical license, it is always possible. For instance, even if your alleged violation of the Texas Medical Practice Act is relatively minor, you could face more severe sanctions, including license suspension, if you fail to comply with the terms and conditions of your initial sanctions.
Due to the potential loss of your license, whether temporary or permanent, you must take all contact with the TMB regarding disciplinary proceedings seriously. Taking those proceedings seriously includes legal advice from and representation by an experienced defense attorney.
What is a Medical License Defense Attorney?
Not all attorneys have the experience or knowledge to represent physicians before the TMB. Medical license defense attorneys routinely represent physicians in various legal matters related to their medical licenses, including investigations, disciplinary proceedings, hearings, and appeals. They can negotiate with the TMB informally to try to resolve the matter without a contested hearing. If you must proceed to a contested hearing, your attorney can zealously advocate and present the best defense possible. Their job is to preserve your license, livelihood, and professional interests as you continue to practice medicine.
While all lawyers have a law degree and have passed the bar exam, few lawyers are likely to know the intricacies of the laws and regulations governing physicians at the state and federal levels. They also are not accustomed to working with the TMB and how that agency typically handles disciplinary proceedings. Although you can choose to hire any attorney to represent you in your case, you will likely benefit from the services of a medical license defense lawyer with the special knowledge and skills you need.
What Kinds of Things Does a Medical License Defense Attorney Do?
A medical license defense attorney represents your interests and advocates throughout the disciplinary process. Throughout your case, your medical license defense attorney will answer your questions, address your concerns, and work to develop the defense strategy that is most likely to be effective in your case. The attorney can explain any developments in your case and the need to change any strategies in response to those developments.
At the outset of your case, your attorney will extensively interview you to determine your version of the events. The attorney will also gather information about your situation, including reviewing relevant documents and other types of evidence, like medical records, witness statements, expert opinions, billing records, and more. Reviewing this information allows the attorney to develop an initial assessment of your case.
Next, the attorney will develop a strategy to defend your case. The attorney will consider the allegations against you and the laws and regulations that apply in your case. The best course of action in your case will depend on your case’s individual facts and circumstances, as well as the applicable law.
Your attorney will advise you on your words and behavior while your disciplinary proceedings are pending. You will receive advice and guidance on everything from making statements about the pending proceedings to contacting the complainant and other witnesses to your conduct in public or certain settings. Following this advice closely can be critical, as it is designed to protect you and improve the outcome of your case. Not taking this advice could make the situation worse.
Another major task for your attorney is to negotiate with the TMB to dismiss your case, if possible, to avoid the formal disciplinary process altogether. If outright dismissal is not an option, then an attorney can negotiate to reach a resolution that will have the least effect on your life and career. In your case, the attorney can point out mitigating factors that may lead to lesser sanctions or settlement agreements.
If negotiations fail, your attorney will represent you in an administrative hearing. Your attorney will ensure that you are well-prepared for the hearing when you give testimony and the agency’s attorney cross-examines you. Presenting evidence is also a key part of the hearing process.
If the decision you receive following a hearing does not turn out as planned, you still have additional legal recourse in the form of an appeal. Your attorney can assist you throughout the appeal process, giving you another opportunity to reach a different result in your case.
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Contact Bertolino LLP Today for Legal Assistance
Do not hesitate to get legal assistance if facing potential disciplinary action against your medical license or business operations. Retaining the services of legal counsel from the beginning of any disciplinary proceedings before the TMB can be crucial to a more positive resolution of your case. Contact a Texas medical license defense attorney immediately for help with your disciplinary proceedings today.
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