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Our Experience
 The Leichter Law Firm dedicates over one-half of its practice to representing physicians in disciplinary matters and misconduct proceedings before and against The Texas Medical Board. We have successfully represented numerous physicians in a variety of capacities in both disciplinary and post-disciplinary matters. We are especially qualified in handling chemical dependency and intemperate use cases -particularly as they relate to standard of care allegations, non-therapeutic prescribing, the inadequate maintenance and documentation of records and sexual boundary violations.
| "The Leichter Law Firm dedicates over one-half of its practice to representing physicians in disciplinary matters" |
Our firm’s attorneys are well versed trial lawyers which is essential for physicians who face the challenge of the State Office of Administrative Hearings or an appeal to the Travis County District Court. Our firm’s downtown Austin location lends itself well to our practice and is convenient to Doctors state-wide as we are minutes away from the Texas Medical Board’s Executive Offices, The State Office of Administrative Hearings, The Travis County District Courthouse, and The Texas Supreme Court. Because we are a boutique firm we already know the law and the rules and do not bill an associate attorney’s research and learning efforts to your account to achieve sub-standard results. Our purpose is physician friendly advocacy and the maintenance of your medical / physician license and health care practice.
Why Hire an Attorney
Disciplinary investigations, actions and orders sought and issued against physicians by the Texas Medical Board (TMB) have increased dramatically over the last few years. While standard of care complaints comprise approximately one-half of all investigations, chemical dependency,  sexual boundary violations, non-therapeutic prescribing, the failure to maintain adequate charts and records and the commission and conviction of crimes also account for a significant number of misconduct investigations and disciplinary proceedings against a medical license and physician registration / license. Punitive sanctions have risen as have the number of cases being settled with lengthy disciplinary orders and probated suspensions.
| "It is never advisable to meet with or be questioned by a Texas Medical Board investigator without legal counsel." |
Investigations are often initiated by a letter and followed with a phone call from an investigator. If the Texas Medical Board (TMB) contacts a physician in this or any other manner it is prudent for the doctor to consult with an attorney before responding to the TMB. It is never advisable to meet with or be questioned by a Texas Medical Board investigator without legal counsel. In fact, once counsel is retained, the TMB’s investigators are prohibited from contacting and questioning a physician directly.
The Leichter Law Firm can guide you through this process and help to ascertain the nature of the complaint against you. Once determined, we will help you respond to the allegations and prepare a defense. Often these proceedings are initiated by a patient, co-worker, malpractice suit or a negative peer review action or determination. Thus, upon notice that a hospital or medical staff peer review inquiry is being made into a physician or other healthcare professional  they should immediately consult with an attorney. A successful defense to a hospital peer review investigation or medical staff privileges dispute can effectively thwart off an otherwise imminent TMB investigation and the imposition of physician discipline or misconduct sanctions. Furthermore, statements made and offered in the defense of a peer review / medical staff privileges dispute which results in the imposition of sanctions due to physician misconduct are clearly discoverable by the Texas Medical Board during their investigative process.
When a physician is contacted by state or federal authorities pertaining to Medicare, Medicaid or other federal or state reimbursement policies under the Social Security Act they should immediately consult with an attorney, as this is often a precursor to the filing of criminal charges and a criminal prosecution. Similarly, if a physician is arrested on charges unrelated to his practice he should consult with counsel as some offenses require the mandatory revocation of a physician’s medical license upon a conviction or a plea in exchange for a term of community supervision.
Criminal prosecutions and Board investigations and sanctions also result in sometimes improper reporting to and by the National Practitioner Data Bank (NPDB). Furthermore, misdemeanor deferred adjudication probations in Texas can be petitioned for non-disclosure and can be removed from the Board’s website. Careful attention must be paid by physicians to ensure that reporting of actions concerning their medical license has been done accurately and is properly reflected in the NPDB and other public information databases.
Medical malpractice claims often trigger the investigation and filing of a complaint by the Texas Medical Board. Many liability policies provide for the payment of attorneys fees in associated physician discipline and licensure actions. In these instances it is prudent for a physician to hire an attorney who is familiar with the Texas Medical Board’s policies, practices and procedures, as well as the TMB’s positions and postures relative to the action sought. Therefore we suggest that physicians discuss the relevant provisions relating to attorneys fees and the attorney of their choice with your insurance agent or policy provider.
As experienced healthcare and administrative law attorneys, The Leichter Law Firm provides quality representation and licensure defense and advocacy to physicians faced with disciplinary actions by a state board licensing agency, a hospital or medical staff peer review committee, a compensation commission or a criminal prosecuting entity. Whether you are a physician accused of misconduct, neglect or being chemically dependent we forcefully yet delicately advocate for you and your medical license / physician registration in a deliberate, zealous, responsible and tactful manner. |
