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Texas Medical Board

Texas Medical Board vs. J.H.,DO – Board Staff accused Client of failing to keep adequate medical records, maintaining incomplete and inaccurate medical documentation, the inadequate supervision of her mid-level practitioners and non-therapeutically prescribing controlled substances. After a review of Board Staff’s final expert panel report the Leichter Law Firm filed a comprehensive rebuttal package and prepared Client for the Informal Settlement Conference (ISC). Client appeared with Louis Leichter at an ISC and after their presentation the ISC panel recommended the dismissal of all charges.

Texas Medical Board vs. A.K., MD – Staff of the TMB noticed client of its intent to impose disciplinary action for violating the standard of care and reciprocal discipline based on Client’s Agreed Consent Order in another state. Client was alleged to have inappropriately treated and diagnosed a pediatric patient who subsequently died of meningitis. Leichter Law Firm attorneys filed a comprehensive response to the allegations and remedial material. A challenge to the Standard of Care allegation was put forward as the care for the pediatric patient occurred in the other state and it was advanced that TMB lacked jurisdiction over the subject matter. In the interim, Client satisfied the Terms and Conditions of the out of state order. After an appearance with Louis Leichter at an informal conference the case was dismissed. The dismissal was ratified by the disciplinary process review committee (DPRC).

Texas Medical Board vs. B.J., MD – Client, a Board Certified sub-specialist was accused of unprofessional conduct towards a patient. The patient filed a complaint with Staff of the TMB alleging the physician had violated the standard of care and acted hostilely towards her and used demeaning language. A review of the medical records was performed by Leichter Law Firm’s lawyers and a comprehensive response concerning the standard of care and behavior was submitted. After the TMB’s review the complaint was dismissed without an investigation being initiated.

Texas Medical Board vs. R.S, MD – Client, a Board Certified sub-specialist MD, was accused by TMB complaint for failing to properly sedate a patient during an extensive procedure, and failing to adequately assess and administer the patient’s pain. The patient had long standing co-morbid medical conditions and numerous records were involved. Attorneys of the Leichter Law Firm complied the records and filed a comprehensive response / narrative to the investigations department with the TMB. The response detailed the nurse’s notes and the anesthesia record to rebut the allegations. After a review, the case was closed without an investigation being launched. The physician’s record remains unscathed.

Texas Medical Board vs. D.E., MD – A disciplinary panel of the Board temporarily suspended client’s Texas Medical License for operating a pain clinic without a valid pain clinic registration. Client retained the Leichter Law Firm after he had waived an opportunity to a with-notice temporary suspension hearing. The TMB defense attorneys at Leichter Law Firm rescinded the waiver of the with-notice hearing without objection from Staff of the TMB.

During the with-notice hearing, no substantive evidence was presented by the Texas Medical Board’s attorneys that indicated client had violated the standard of care in his treatment of any patients, that he was incompetent or lacked medical knowledge as required by the statute. The defense attorneys of Leichter Law Firm presented substantial evidence of client’s competent clinical practice and argued the Board had no authority to continue the suspension. The Board panel declined to adopt Staff’s proposed order and entered a temporary restriction against Client’s medical license prohibiting him from prescribing controlled substances to patients for more than a 72 hour time period. The administrative law attorneys of Leichter Law Firm have filed an appeal of the restriction to the District Court in Travis County. The appeal remains pending.

Texas Medical Board vs G.S., MD – Client was given notice by the Texas Medical Board’s Staff attorneys that a with-notice temporary suspension hearing was scheduled concerning the operation of his family practice medical clinic alleging violations of the standard of care and client’s hiring of a billing coordinator / medical assistant was in violation of the Medical Practice Act. The billing coordinator / medical assistant was a Board Certified plastic surgeon who’s Texas Medical License had been revoked for unprofessional conduct.

State Board Staff’s lawyers argued this individual had seen numerous patients in the clinic, some under the supervision of Client and some without his knowledge. The Leichter Law Firm filed numerous medical records, staffing and payroll records with the Board prior to the hearing.

During the hearing the State Medical Board Staff attorneys presented numerous witnesses, but it was clear from the evidence the individual in question did not hold himself out as a physician and no monies were received from the two procedures he performed with Client under proper delegation. In fact, the evidence presented by Board Staff indicated Client ran an excellent Family Practice Medical Clinic in Texas and that he in no way was a danger to the public.

After the Texas Medical Board’s attorneys presented their case in chief and rested, the TMB defense lawyers of Leichter Law Firm presented the Court with a motion for directed verdict arguing no evidence was submitted during Staff’s case that demonstrated or proved Client was a danger to the public, as is required by the Texas Medical Practice Act’s temporary suspension provisions. The disciplinary panel granted Client’s motion and dismissed the case without the need for Client to put on direct evidence.

J.A., MD vs. Texas Medical Board (TMB) –Client accused of inappropriate advertising and improper solicitation of patients. The Texas medical license defense attorneys of the Leichter Law Firm were able to have the case dismissed after presentation at Informal Settlement Conference (ISC).

D.B., MD vs. Texas Medical Board (TMB) –Client was denied a physician-in training permit (PIT) due to several felony and misdemeanor drug related criminal offenses. After the successful presentation of remedial and rehabilitative evidence by the Texas medical license attorneys of the Leichter Law Firm to the Licensure Committee, Client was granted an unrestricted physician-in-training permit.

J.B., DO vs. Texas Medical Board (TMB) –Client retained the Texas medical license defense lawyers of the Leichter Law Firm to self report a drug related relapse in violation of Client’s Agreed Order. Firm attorneys negotiated a probated suspension for Client with three months actively served. The Leichter Law Firm successfully bypassed the automatic suspension of Client’s physician registration and assisted Client’s return to the active practice of medicine.

R.C., MD vs. Texas Medical Board (TMB) –Client accused of non-therapeutic prescribing by writing a schedule II prescription for a former girlfriend without keeping an appropriate medical record or giving patient an initial comprehensive medical evaluation. After the presentation of remedial evidence by the Texas medical defense attorneys of the Leichter Law Firm at an Informal Settlement Conference (ISC) and continued negotiations, Client accepted an administrative penalty which included CME and a fine.

K.G., MD, vs. Texas Medical Board –Board Staff sought the discipline of Client’s physician registration for intemperate use of controlled substances. Client had previously been the subject of a confidential rehabilitation order. After the Texas physician license defense attorneys of the Leichter Law Firm made a successful presentation of Client’s case at an ISC, Client was offered another rehabilitation order with limited restrictions on his clinical practice.

R.J., MD vs. Texas Medical Board –The Executive Director denied Client’s application for a Physician-in-Training Registration based on two felony deferred adjudications pleas. After an appeal and presentation of evidence to the Licensure Committee, Client was granted an unrestricted Physician-in-Training Permit.

S.K. MD, vs. Texas Medical Board – Staff of the Texas Medical Board deemed physician statutorily ineligible for a physician license due to multiple attempts on the United States Medical Licensing Examination (USMLE). After inquiry, the Texas physician license attorneys of the Leichter Law Firm appealed on the basis that the USMLE Exam had been improperly administered during one attempt and Client should be eligible per the Medical Practice Act. Board Staff agreed and approved Client’s Physician Registration.

S.L., MD vs. Texas Medical Board –Board Staff denied Client’s application for a physician license due to intemperate use of controlled substances during residency. After the successful presentation of Client’s case to the Licensure Committee, Client was granted a full unrestricted license under a Confidential Rehabilitation Order.

G.L., MD vs. Texas Medical Board –Board Staff denied Client’s application for a physician-in-training permit to pursue a fellowship in his specialty for falsification on his application concerning an arrest and conviction for a misdemeanor. The Texas medical license attorneys of the Leichter Law firm negotiated the withdrawal and resubmission of Client’s application. Client was granted an unrestricted permit.

D.M., MD, vs. Texas Medical Board –Board Staff sought the permanent revocation of Client’s Physician Registration for sexual boundary violations involving three patients and the intemperate use of controlled substances in violation of Client’s Agreed Board Order. After the Texas medical license defense lawyers of the Leichter Law Firm represented Client during negotiations at an informal settlement conference (ISC), Client was allowed to surrender his license under terms and conditions that would allow him to reapply in one-year.

V.M., MD, vs Texas State Board of Medical Examiners –Board Staff investigated Client for standard of care violations with respect to a patient who overdosed under Client’s care. The allegations included non-therapeutic / over prescribing, inadequate documentation and record keeping, and failure to obtain appropriate blood work with respect to the medications prescribed. After thorough case preparation and an Informal Settlement Conference the case was resolved with a one year agreed order. The order was administrative in nature and no report was generated to the NPDB. No restrictions were imposed on Client’s practice.

P.R., MD vs. Texas State Board of Medical Examiners –Board Staff denied Client’s application for a Texas Medical License based on allegations of intemperate use of controlled substances. After the submission of evidence and an appearance at the Licensure Committee, Client was offered a five (5) year rehabilitation order.

S.R. MD vs. Texas Medical Board –Board Staff denied Applicant’s request for a physician in training permit based on his involvement in two alcohol-related criminal instances. After the presentation of evidentiary roadblocks and rebuttal evidence, Client was granted an unrestricted permit.

B.R, MD vs. Texas State Board of Medical Examiners –Board Staff sought the revocation of Client’s physician registration for intemperate use of alcohol based on several positive drug screens and in violation of Client’s monitoring contract. The Texas physician license defense attorneys of the Leichter Law Firm negotiated an indefinite suspension for Client which would allow him to petition the Board for reinstatement when Client could prove he was fit to practice medicine.

F.T., MD vs. Texas Medical Board – Client accused of inappropriate advertising and improper solicitation of patients. Case dismissed after presentation at Informal Settlement Conference (ISC).

A.W., MD vs. Texas Board of Medical Examiners -The Executive Director of the TSBME denied Client’s application for a medical license due to falsification, discipline by his residency training program, discipline by a hospital medical staff, and an administration suspension of his privileges. After appeal by the Texas medical license attorneys of the Leichter Law Firm, Client was given a license under a three year administrative order requiring a chart monitor and continuing education.

C.W., MD vs Texas State Board of Medical Examiners –Board Staff investigated Client for a standard of care violation relating to an invasive procedure and further alleged a failure to obtain proper informed consent. Leichter Law firm Texas medical license attorneys responded on Client’s behalf providing a summary of treatment received and a brief on the law. Board Staff dismissed the complaint.

H.Z., MD vs Texas Medical Board – The Executive Director of the TSBME denied Client’s application for a physician-in-training permit due to five alcohol related arrests in college and medical school. The Texas medical license attorneys of the Leichter Law firm appealed and began to investigate each offense individually. Rebuttal evidence was gathered and Client was instructed to obtain a forensic psychological evaluation. After a successful presentation to the Licensure Committee, Client was granted an unrestricted Physician-in-Training Permit.