Facing a disciplinary proceeding by the Texas Medical Board can have devastating consequences for a physician. The stark reality is that a disciplinary proceeding can end up costing a dedicated physician his or her license to practice medicine.
While here are isolated instances in the state of Texas in which a physician should be required to forfeit a license to practice medicine, that is not always the case or the proper resolution. A physician facing disciplinary proceedings can best protect his or her legitimate rights and interests by engaging the dedicated services of an experienced Dallas physician license defense lawyer.
Common Types of Physician Disciplinary Matters
On some level, the nature of complaints lodged against licensed physicians in Texas are as unique as the parties involved. However, there are some general types of situations that seem to underpin a disciplinary proceeding launched against a physician.
Two types of cases make up a considerable percentage of the proceedings initiated against Texas physicians in any given year. These involve chemical dependency or the intemperate utilization of mind-altering substances. These cases can involve the use of legal as well as illegal substances. The disciplinary issue becomes even more significant when an illegal substance is at issue because a physician may also face a criminal charge and prosecution.
Other common complaints lodged against a Texas medical doctor include standard of case deviations, misuse of prescriptions or the prescription writing process, record-keeping problems, and sexual boundary violations.
Oftentimes, a disciplinary proceeding involves more than one issue. For example, a case may include both an allegation of a standard of care deviation along with a contention centering on abuse of mind-altering substances. The allegations made against a physician can spin a highly complicated scenario that demands the professional assistance of a skilled, experienced Dallas physician license defense lawyer.
As mentioned, a disciplinary proceeding lodged against a doctor can include a variety of associated elements. The net effect is that a multi-faceted defense must be formulated and implemented.
The disciplinary process regarding a physician’s license is only part of the proverbial iceberg. A medical doctor is likely to have to contend with threats of provider network and insurance company terminations. He or she faces termination of hospital privileges. In other words, even if a physician ultimately prevails and keeps a license to practice medicine, left unaddressed, a tremendous amount of damage can already be done.
In many cases, an attempt to settle a disciplinary action with a medical licensing authority makes sense. For example, if a physician has a demonstrable, and yet regrettable, substance abuse issue, the underlying problem giving rise to a complaint very well may can be addressed through treatment.
A medical doctor must have legal representation that has the skillset necessary to advocate effectively for a settled resolution of a disciplinary complaint that results in allowing a physician the ability to pursue his or her profession. While some sort of sanction or oversight scheme may be appropriate, in the end completely ending a doctor’s career is not necessarily the needed resolution of a complaint.
More often than not, a Texas physician is at least somewhat aware of the prospect of facing disciplinary proceedings before the formal process commences. The best course for a medical doctor to take is to engage the services of a tenacious Dallas physician license defense lawyer at that juncture. The possibility sometimes exist that, through early legal intervention, a formal proceeding against a physician can be avoided all together.
Improper Reporting to the National Practitioner Data Bank
An experienced attorney can also ensure that inaccurate information about a client is never reported to the National Practitioner Data Bank. Indeed, in Texas, an attorney can petition that certain information about a disciplinary complaint not be disclosed to the National Practitioner Data Bank or any other third party.
The typical Dallas physician license defense lawyer will schedule an initial consultation with a physician facing or involved in disciplinary proceedings. During the meeting, an attorney will thoroughly review the facts and circumstances of a particular case. This will include a discussion of possible defense strategies designed to most completely protect the interests of a physician. As a general practice there is not fee charged for an initial consultation with a Dallas physician license defense lawyer.