Physicians in the Corpus Christi metro area are regulated by the Texas Medical Board (the “Board”). As a licensed physician, you are entitled, due to your hard work and expertise, to work as a licensed professional. Your license grants you professional income, security, and standing. However, state physician Boards are granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules.
The LLF National Law Firm and its Professional License Defense Team have many years of experience defending physicians against allegations of misconduct. We are available to help throughout the Corpus Christi Metro area, including Kingsville and Alice. We are ready and able to represent you before the Board and any other state medical Board through which you may be licensed.
Our team provides services in all areas related to physician license defense. Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.
Practice of Medicine in the Corpus Christi Metro Area
The practice of medicine is diverse in the Corpus Christi Metro Area, from small one or two-doctor offices to large hospitals and institutions such as:
- Corpus Christi Medical Center Bayview
- CHRISTUS Spohn Hospital Corpus Christi – Shoreline
- Corpus Christi Medical Center Doctors Regional
Regardless of the size of your practice or specialty, the Board is authorized by Texas law to regulate and license any person who practices medicine in the State of Texas, including the Corpus Christi Metro Area. In addition to the Board’s role in licensing physicians and setting standards for continuing education, it is also in charge of disciplining physicians who violate Texas state laws, rules, and regulations related to their license.
Under Texas state law, the Board generally has broad authority to suspend or even revoke the license of a physician. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant state rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the Board. Let the LLF National Law Firm’s Professional License Defense Team assist you so that you can preserve your license and continue your valuable practice.
Conduct That Is Grounds for Discipline of Physicians in the Corpus Christi Metro Area
The State of Texas has specific laws, rules, and regulations that govern the practice of medicine. Generally speaking, these are designed to ensure that physicians conduct their practice with a high degree of ethical and moral integrity. A violation of any of these rules and regulations can result in punishment, including the loss or suspension of your license for the most serious infractions. There is a wide range of actions that can cause a physician to be subject to discipline, including:
- is convicted of a felony; or a misdemeanor involving moral turpitude;
- commits or attempts to commit a direct or indirect violation of a Board rule;
- is unable to practice medicine with reasonable skill and safety to patients because of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or another substance, or a mental or physical condition;
- is found by a court judgment to be of unsound mind;
- fails to practice medicine in an acceptable professional manner consistent with public health and welfare;
- is removed, suspended, or is subject to disciplinary action in a local, regional, state, or national professional medical association or society, or is disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action, if the Board finds that the action:
- was based on unprofessional conduct or professional incompetence that was likely to harm the public; and
- was appropriate and reasonably supported by evidence submitted to the Board;
- is subject to repeated or recurring meritorious health care liability claims that, in the Board’s opinion, evidence professional incompetence likely to injure the public;
- uses alcohol or drugs in an intemperate manner that, in the Board’s opinion, could endanger a patient’s life;
- commits unprofessional or dishonorable conduct that is likely to deceive or defraud the public;
- uses an advertising statement that is false, misleading, or deceptive;
- advertises professional superiority or the performance of professional service in a superior manner if that advertising is not readily subject to verification;
- directly or indirectly employs a person whose license to practice medicine has been suspended, canceled, or revoked;
- performs or procures a criminal abortion;
- directly or indirectly aids or abets the practice of medicine by a person who is not licensed to practice medicine by the Board; or
- performs or delegates to another individual the performance of a pelvic examination on an anesthetized or unconscious patient.
Many of these violations are not clear-cut and straightforward. Reasonable minds can differ, for example, about what constitutes overtreating of patients or malpractice. The LLF National Law Firm has seen many instances where charges are brought against physicians based on faulty evidence or little to no evidence at all.
As discussed below, oftentimes the Board will take the word of patients or others at face value instead of critically examining any mitigating or exculpatory evidence. This leads to overcharging or even bringing a complaint against a physician that is completely baseless. The LLF National Law Firm will fight these charges and/or negotiate with the Board to a mutually acceptable conclusion.
What Happens After Allegations of Misconduct Are Made Against a Licensed Physician
Notably, a proceeding with the Texas Medical Board is not a full-scale legal proceeding. Although some legal principles are used, the procedural rules and other protections are less than those that are commonly available in a court of law. This sometimes results in the deck being stacked against you, making it imperative to contact the LLF National Law Firm’s Professional License Defense Team as soon as you become aware that a complaint is lodged against you.
Many people, when faced with an allegation of misconduct, wait until there are negative consequences before getting an attorney involved. However, our Professional License Defense Team is most effective when we are involved early in the process. We may be able to get a complaint dismissed or come to a satisfactory agreement with the Board before formal proceedings have commenced.
The following is a brief general discussion of what to expect in any disciplinary hearing. Please refer to the Texas statutes and rules for specific information, or contact the LLF National Law Firm’s Professional Defense Team to speak to one of our professionals.
The Board may dispose of an allegation of misconduct through a stipulation, settlement, or consent order if agreed to by the physician. If an agreement cannot be made, the Board can conduct either an informal proceeding or a formal complaint.
An informal meeting in compliance with Texas law shall be scheduled not later than the 180th day after the date the Board’s official investigation of the complaint. The Board shall give notice to the license holder of the time and place of the meeting not later than the 45th day before the date the meeting is held, which must be accompanied by a written statement of the nature of the allegations and the information the Board intends to use at the meeting. An affected physician is entitled to reply to the presentation and present the facts the physician reasonably believes the physician could prove by competent evidence or qualified witnesses at a hearing.
The Board shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.
The Board may also file a formal complaint against a physician. In such a case, a formal hearing shall be conducted by an administrative law judge employed by the Texas State Office of Administrative Hearings. After receiving the administrative law judge’s findings of fact and conclusions of law, the Board shall either dispose of the contested case by issuing a final order based on the administrative law judge’s findings of fact and conclusions of law or appeal the administrative law judge’s findings of fact and conclusions of law.
If you receive a notice of a complaint filed against you, you have the absolute right to contact an attorney and obtain legal representation at that time. Often, engaging an attorney in the early stages of the process can have a positive effect on the outcome. Hiring an attorney may also prevent you from making an error, such as making statements to investigators without an attorney present. Even if you believe that there is no basis for the complaint, you do not want to make a statement that could be used against you at a later date. Physicians in either an informal hearing or an administrative law hearing have the right to have an attorney present at the hearing, cross-examine Board witnesses, call their own witnesses, present physical and audio-visual evidence, and challenge Board evidence.
If the physician is found guilty, the Board may take action by one or more of the following:
- administer a public reprimand;
- suspend, limit, or restrict the person’s license or other authorization to practice medicine, including:
- limiting the practice of the person to or excluding one or more specified activities of medicine; or
- stipulating periodic Board review;
- revoke the person’s license or other authorization to practice medicine;
- require the person to submit to care, counseling, or treatment of physicians designated by the Board as a condition for:
- the issuance or renewal of a license or other authorization to practice medicine; or
- continued practice under a license;
- require the person to participate in an educational or counseling program prescribed by the Board;
- require the person to practice under the direction of a physician designated by the Board for a specified period;
- require the person to perform public service considered appropriate by the Board; or
- assess an administrative penalty.
Some of the consequences, such as a suspension or revocation of your license, can be severe. However, even a lesser penalty, such as a reprimand, becomes public information and can damage your reputation permanently.
Why You Should Hire a Lawyer
Although you have the absolute right to defend yourself in any proceeding before the Board, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without a qualified attorney by your side. In addition, if your license is not revoked or suspended, your job may be in jeopardy if you are employed by a hospital or health system such as the Corpus Christi Medical Center.
Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the Board only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the Board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings, where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the Board cannot use the fact that you hired an attorney against you. In many cases, hiring an attorney is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the Board being open to an amicable settlement on terms that fall short of severe discipline.
How We Can Help
The LLF National Firm Professional License Defense Team is ready and able to defend you against any kind of professional misconduct allegation. We have worked with physicians in the Corpus Christi Metro Area and nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.
When you retain our team, we will:
- Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you
- Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you
- Represent you during the investigatory process with the goal of having the complaint dismissed
- If a hearing is mandated by the Board, negotiate with the Board in order to have the penalties mitigated
- Defend you with respect to any hearing, including assisting you in calling and examining witnesses and presenting beneficial documents on your behalf
- If a negative outcome results from the hearing, filing an appeal in the Texas court system to vindicate your rights
Your license is too valuable to try to defend yourself on your own. The Board will have a team of professionals on its side. You need a strong team on your side as well. Our Professional Defense Team has the experience and toughness you need. Call the LLF National Law Firm today at 888-535-3686 or fill out our confidential contact form.