If you’ve hired a Texas medical license defense lawyer because someone has lodged a formal complaint against you, you likely have questions about your case. The question, “What is the role of expert witnesses in a medical license defense case?” is a common one.
At Bertolino LLP, we’re eager to provide the legal information and advice you need to make educated decisions throughout your license defense case. That’s why we’re here to discuss how an expert witness can help you get a fair outcome for your case.
How an Expert Witness May Fit Into Your Medical License Defense Case
An expert witness may play several roles throughout your medical license defense case. Expert witnesses are generally called on to provide sound and credible information so that the Board’s staff, panel members or an administrative law judge can determine if you violated professional standards or Texas Medical Board (TMB) rules.
To understand the role that an expert witness may play in your case, it can be helpful to consider different examples of situations that involve expert witnesses, including the following:
Medical Malpractice Accusations
If you are a doctor, nurse, or another medical professional who has been accused of medical errors, lack of patient care, neglect, or another form of medical malpractice, your case may involve an expert witness. In this situation, the expert witness will be a medical professional who can use their experience and knowledge to evaluate the claims made against you.
For example, an expert witness could review relevant medical records and use their professional knowledge to prove that you acted within the accepted standard of care. Then, the expert witness would either provide their written statement or testify during a hearing or trial.
Healthcare Fraud Accusations
An expert witness may also play a role in your medical license defense case if you’ve been accused of healthcare fraud. In this scenario, the expert witness may be a billing expert or forensic accountant or could be a physician to assess the propriety of the treatment, procedures, medications or other course of action you authorized for patients. They’ll review your accounting, billing and medical records to determine if you committed healthcare fraud.
Once the expert witness has combed through your records, they’ll ideally provide testimony that contributes to the dismissal of allegations that you engaged in inconsistent or fraudulent billing or treatment practices.
What Types of Medical License Defense Cases Require an Expert Witness?
Two main types of medical license defense cases require expert witness testimony. An attorney can determine if you need an expert witness in your license defense case. Your case will likely benefit from the expert opinion of a qualified medical professional if you’re facing:
- A hearing involving TMB members to determine if your license should be suspended or disciplinary action should be pursued against you
- A hearing before an administrative law judge (ALJ) with the State Office of Administrative Hearings (SOAH)
Qualities of Strong Expert Witness Testimony in a Texas Medical License Defense Case
When you work with a medical license defense attorney, you rely on them to help you choose an expert witness who meets the particular needs of your case and provides testimony that increases your chances of a positive outcome. Your lawyer will coordinate with you to help you find a credible professional with the required experience who can provide the needed testimony for the allegations in your specific case.
The ideal expert witness will provide an opinion that is:
- Objective
- Reliable
- Accurate
- Supported by medical or scientific evidence
- Grounded in peer-reviewed findings
- A reasonable analysis of available evidence
- Ethical
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How a Texas Medical License Defense Lawyer Can Help Your Case
There are many ways an attorney can help you with a medical license defense case other than advising you on the importance of having an expert witness. Your lawyer can also take the following steps to protect your license and the future of your career:
- Review the complaint: First, your attorney can review the complaint filed against you. They’ll explain what you’ve been accused of and advise you on your best course of action moving forward.
- Respond to the complaint: It’s important to respond to the complaint promptly and appropriately. If you’ve received a complaint from the TMB, you may be compelled to answer it yourself, but this is inadvisable. Remember, anything you say to a board member can be used against you during hearings and other proceedings. A skilled lawyer can draft a response that doesn’t hurt your case.
- Collect evidence: Next, your lawyer can investigate the accusations made against you and gather evidence that shows you behaved ethically, responsibly, and in alignment with the standard of care.
- Prepare for your hearing: If allegations have been made against you that jeopardize your medical license, you may have to appear before the State Office of Administrative Hearings or a panel of the Board. Your attorney will prepare you for the hearing and use evidence to build a strong case on your behalf.
- File an appeal: If the TMB rules against you, you’ll likely have the option to file a petition for judicial review. An attorney can draft and submit an appropriate petition for judicial review in the judicial courts.
Your attorney can take the above-listed steps and several others to protect your medical license. Whether your case takes you to a hearing before TMB or a SOAH proceeding, they’ll fight for the results you need to continue practicing in your field.
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Schedule a Free Consultation to Discuss Your Case
Now that you know what the role of an expert witness is in a medical license defense case, it’s time to get the representation you need to get a positive outcome. At Bertolino LLP, we’ve represented professionals like yourself since 2007. During that time, we’ve achieved countless case results that have changed the lives of countless clients.
We’re confident we have what it takes to build a strong defense on your behalf and provide the counsel you need to navigate this challenging time. Contact us today to schedule a free consultation so we can get started on your case.
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