Facts: JB received a notice of complaint from the Texas Medical Board. The complaint came from his former hospital employer. The hospital filed the complaint against him because he allegedly quit his position as a treating physician without notice to the hospital or his patients, including patient RK. JB engaged Bertolino LLP to defend his license. JB was responsible for clinical treatment, in-patient, nursing home patients and was attending physician at the hospital ER. JB left employment at the hospital because of an acute crisis he was enduring regarding his workload of treating too many COVID patients and because hospital staff was not taking COVID seriously by not wearing masks or protective equipment. JB requested help from the CEO of the hospital because he was burned-out and afraid of contracting COVID. Afterwards, JB told the CEO of the hospital that he was not renewing his expiring contract with the hospital. JB first treated the patient RK and had to admit him to the hospital because he had heart and acute kidney failure. JB saw RK 2 or 3 times afterwards. RK had an appointment with JB, but never saw him because JB had already resigned from the hospital.
Outcome: Bertolino LLP served a robust response with exhibits to the Texas Medical Board showing that other medical providers, including the ER, had been treating RK. RK was later discharged with no lasting harm. After an investigation, the Texas Medical Board sent a notice saying that the investigation had been dismissed because there was insufficient evidence that a violation of the Medical Practice Act had occurred. Texas Medical Board found that JB had resigned from the hospital in November 2021 and the network providers were available to care and treat RK afterwards. There was no evidence JB had a medical or psychiatric condition which could impair his medical judgement, or his ability to practice medicine, or that he had any disciplinary actions against him by peers.
