The Disciplinary Process and License Defense
A medical license investigation with the Texas Medical Board (TMB) is typically initiated when the physician in question issues a letter of self-report, or someone else files a complaint with the board. The person filing the complaint may be a patient, co-worker, employer, judicial agency, spouse, or other party. The disciplinary process may also be initiated if a physician receives a negative peer-review from the hospital at which he or she works. When a complaint of this nature is filed, or the physician in question faces criminal charges, the Texas Medical Board may initiate an investigation to consider disciplinary action.
If you are facing an investigation by your licensing board, it may be important to consult with an experienced license defense lawyer as soon as possible. To begin preparing your defense, contact the Texas medical license defense lawyers of the Leichter Law Firm today at 512-495-9995.
A medical professional may first learn of a complaint and a pending investigation when he or she receives a certified letter from the Texas Medical Board’s Manager of Investigations. The letter will include the name of the investigator assigned to the case and a subpoena for any records that the board deems relevant to the investigation. The physician may be asked to complete a Medical Practice Questionnaire and respond with a letter explaining his or her stance regarding the complaint, allegation, or charge that he or she is facing.
Except in unique circumstances, the TMB has 180 days to finalize an investigation once it has been initiated. During that time the investigation process may include:
- Collection of medical records or other pertinent documents
- Interviewing witnesses
- Contacting the physician for questioning (unless he or she has retained an attorney)
- Review of evidence by TMB lawyers
Once all evidence is reviewed, the legal team reviewing the case will decide whether there is probable cause to pursue disciplinary action. If they determine that there is probable cause, an Informal Settlement Conference (ISC) will be scheduled. Typically a physician will be allowed to continue practicing during this time, except in extreme cases in which the board may file for emergency suspension.
How We Can Help
As soon as you learn of your pending investigation, it may be in your best interest to consult with a license defense attorney as soon as possible. Once you retain an attorney the TMB will be prohibited from contacting you directly, which can help to relieve the stress of your case and also protect you from the possibility of incriminating yourself. At this point, your lawyer will field all communications regarding your case and will begin gathering evidence and testimony to support your defense.
In any license investigation, you will be facing a sophisticated team of lawyers who regularly pursue disciplinary action against licensed physicians. Without quality legal representation, you will be left vulnerable to extensive questioning and will have little ability to question or oppose any legal recourse that is taken against you. Our experienced Texas medical license defense team can help to protect you from potentially detrimental rulings and will fight on your behalf for the best resolution possible.
The disciplinary process in a Texas Medical Board investigation can be complex and overwhelming, and we understand how much is at stake for you and your family. To speak with one of our knowledgeable and compassionate Texas medical license attorneys in order to begin preparing your license defense, contact the Leichter Law Firm today at 512-495-9995.