Many medical professionals spend nearly a decade (or even longer) in the classroom before they earn a license. Then, once in practice, professionals engage in a continual learning process that spans their entire career due to the ever evolving and continually advancing nature of medicine, science, and technology. Medical professionals are highly invested in their respective career fields, which can make it all the more devastating when legal troubles arise.
An investigation can arise as the result of spurious accusations and personal conflicts. In many cases, these conflicts can evolve into false peer reviews or illegitimate complaints that are filed with the state medical boards. These unfounded allegations may threaten the career of a hardworking professional who has dedicated their time to helping and healing others.
At the Law Offices of Jeffrey C. Grass, our medical license defense lawyers are committed to meeting the needs of medical professionals in a range of different practice areas, including:
- mental health professionals;
- dentists; and
Unfortunately, even the best, most experienced medical professionals may be the victim of false allegations or an unfounded investigation, leaving your medical license at risk. And in cases where the claims are deemed to be sufficient to justify further action, our legal team will leverage our many years of trial and negotiation experience to craft a defense strategy that will maximize the client’s chances of seeing a positive outcome.
If you’re a medical professional who has been accused of wrongdoing, contact the experienced medical license defense attorneys with the Law Offices of Jeffrey C. Grass. Our legal team is ready to learn more about your case in a free, confidential consultation session. Call (214) 604-8833.
Our Defense Lawyers Represent Medical Professionals Throughout The United States
Even the top medical professionals can face legal troubles, administrative hearings and even threats to your medical license. From proving that the allegations are unfounded or false to leveraging trial and negotiation experience to help you retain your license and even your freedom, our elite team of Texas medical lawyers know what it takes to maximize your chances of a positive outcome. We have compiled an overview of a few common questions that we encounter in the course of our practice.
What Happens if a Complaint is Filed with the Texas Medical Board?
The Texas Medical Board (TMB) reviews over 7,000 reports annually. The first step is to determine whether the case is within the TMB’s jurisdiction. If so, the allegations are reviewed to determine if there is evidence of a Medical Practice Act violation, such as an incorrect prescription, an incorrect diagnosis or another medical error that may have resulted in harm to a patient.
A Texas Medical Board physician investigator typically performs the investigation, contacting the complainant and the medical professional, in addition to researching medical records and other relevant evidence.
Some cases may be referred to the Texas Physician Health Program, while others may be referred to the Quality Assurance (QA) Panel. Some cases are referred to the TMB’s Litigation Department for an Informal Settlement Conference or ISC. At the ISC hearing, you will have an opportunity to offer evidence that you were in compliance with the Medical Practice Act.
If there is no evidence to support claims of a Medical Practice Act violation, the case may go before the disciplinary process review committee which can formally dismiss the case.
What Happens if a Medical Practice Act Violation is Found?
At ISC proceedings, the board may find evidence that a medical professional has violated the Medical Practice Act. In this case, the panel may offer what’s known as an “agreed order,” which outlines any sanctions and penalties.
In the case of a more minor offense, the ISC may result in the establishment of a remedial plan – non-disciplinary corrective actions.
According to the TMB, 9 in 10 cases are resolved using this informal process. If a resolution cannot be found, the case will be referred to the State Office of Administrative Hearings (SOAH).
What Happens if My Case is Referred to the State Office of Administrative Hearings (SOAH)?
If your case is referred to the SOAH, a formal complaint will be filed, and your case will go before an Administrative Law Judge for a hearing. The judge will present a proposal for decision to the TMB.
The TMB, in turn, can issue an order with sanctions or they may opt to dismiss the case. This is considered a final order.
Once this order is entered by the board, the medical professional has an opportunity to appeal if they choose to take this approach.
You could permanently lose your medical license if the Texas Medical Board files a case with the SOAH. The medical professional could also be required to sign an “agreed order of surrender” for their medical license. Due to the seriousness of this type of case, it’s important to consult an experienced medical license defense lawyer with the Law Offices of Jeffrey C. Grass.
How are Texas Medical Board Disciplinary Actions Recorded?
The TMB reports all disciplinary actions, including suspensions, revocations, and public reprimands, to the National Practitioner Data Bank.
The information includes the name of the medical professional and the type of order, such as an agreed order or a temporary suspension order.
Our Defense Lawyers Represent Medical Professionals Throughout The Nation
If you’re facing the loss of your medical license or other negative repercussions, it’s essential that you contact a lawyer who has lots of experience working with medical professionals. At the Law Offices of Jeffrey C. Grass, our objective is to protect the accused, whether it’s at an administrative hearing, a hospital hearing or a hearing in a courtroom. Our goal is to protect you, your career, your reputation, and your future.
Attorney Jeffrey C. Grass has more than 20 years of experience, with a wonderful track record of success in the legal arena. Attorney Grass is a member of the Health Law Section of the Texas State Bar, which means he is well-equipped to assist medical professionals with any legal troubles that may arise.
Medical cases can be amongst the most complex in the legal system, but Attorney Grass relies upon his extensive experience and knowledge to assist medical professionals, developing a personalized legal strategy to resolve even the most pressing legal needs.
A former U.S. Navy Judge Advocate (JAG), Attorney Grass received an AV® Preeminent Peer Review Rating from Martindale-Hubbell®.
At the Law Offices of Jeffrey C. Grass, our medical license defense attorneys are ready to learn more about your case in a free, confidential consultation session. Please call (214) 604-8833.