A physician can face disciplinary action for a variety of reasons ranging from negligence to unprofessional behavior to criminal conduct. Even if you did nothing wrong, an accusation of an offense can get the attention of the Texas Medical Board (TMB). If you are facing disciplinary action, an experienced physician license defense lawyer can help.
The consequences if you are found to have committed an offense can be severe, with the potential for the revocation of your medical license in extreme cases. If accused of criminal behavior, you may be brought up on charges as well and face imprisonment. An experienced Texas medical license defense lawyer can help you avoid disciplinary action.
Common Reasons a Physician May Face Disciplinary Action
As a physician, there are many reasons you could face disciplinary action. The TMB reviews any complaints they receive, notifies the physician in question, and investigates the allegations. If they find the accusations to be baseless, the matter will not proceed further.
However, if the investigation into your actions results in the TMB finding evidence of possible misconduct, they will schedule a hearing. Here, you will have a chance to respond to the allegations and present your side of the story. Some of the most common complaints brought against physicians include:
- Medical negligence
- Improper prescription or monitoring of of controlled medication prescriptions to patients
- Inadequate medical documentation
- Failure to respond during a medical emergency
- Professional misconduct
- Failure to provide adequate supervision to a medical professional working under you while they perform patient care or treatment
- Patient abuse
- Fraudulent billing practices
- Defrauding the government using Medicaid or Medicare
- Prescription drug fraud
- Substance abuse
The above list is not exhaustive. A patient or colleague can lodge a variety of other complaints against a physician related to unprofessional, unethical, or illegal behavior that can result in disciplinary action. Physicians are required to provide their patients with an acceptable standard of care, and failure to do so can have severe consequences.
Common Disciplinary Actions Taken Against Physicians
When facing a formal complaint, your future can become uncertain. While the majority of complaints against physicians either result in no action being taken or minor consequences for serious violations of professional duty, the TMB can apply strict punishments that can have a severe impact on the rest of your life.
Some of the potential consequences the TMB can impose include:
- Public or private reprimands: Disciplinary action can be issued in the form of a verbal warning or letter.
- Administrative Penalties: The TMB can issue financial penalties for certain offenses.
- Remedial Medical Education Requirements: You can be made to attend additional education courses to address areas of concern.
- Conditions imposed by the TMB: Various conditions, limitations or monitoring of your practice can be set as part of the disciplinary process.
- License restrictions: Limits can be placed on the types of procedures you can perform or the medical activities you can carry out.
- License suspensions: Your license can be suspended for a period of time with the possibility of reinstatement once you have fulfilled specific requirements.
- Probation: This can include having to practice medicine under supervision, having your license monitored, or being restricted from carrying out certain procedures.
- License revocation: You may lose your ability to practice medicine within the state.
Hearings to Determine Disciplinary Actions that Will Be Taken Against a Physician
When facing disciplinary action, you may be required to attend various administrative hearings. The specific type of legal proceeding you will need to attend will depend on the allegations you face. Some of the most common proceedings include:
- State Office of Administrative Hearings (SOAH) proceeding: In these hearings, an Administrative Law Judge (ALJ) will review the evidence against you, listen to your version of events, and examine any supporting evidence you are able to present before making their recommendation. The TMB makes the final decision based on the ALJ’s proposal.
- Informal settlement conference (ISC): ISCs are important proceedings where your lawyer will argue your case and negotiate on your behalf to resolve the issue without a formal hearing. ISCs involve a panel of TMB representatives who review the case and work toward an agreed resolution.
- A temporary suspension/emergency suspension hearing: If you face the immediate suspension of your medical license, your attorney will attempt to prevent or lift the suspension based on the details of your case.
When attending any of these hearings, it is critical that you secure the services of an experienced attorney. Attempting to navigate these complex procedures on your own can be challenging, and the consequences of losing your case can be severe.
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Get Help From an Experienced Physician License Defense Lawyer Today
When facing disciplinary action as a physician, securing the services of an experienced attorney can be critical for winning your case and avoiding punishment or minimizing the consequences you face if found to be at fault. At Bertolino LLP, we can help protect your medical license against allegations from a colleague or patient.
Our experienced legal team has been helping physicians like you for nearly two decades. Get in touch with us today by giving us a call or completing the online contact form on our website and schedule a free case evaluation with one of our Client Relations Coordinators.
You can learn more about our experience with cases like yours by checking out our case results.
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