The Texas Medical Board recently took away a local oncologist's medical license. Two former patients accused the physician of "improper behavior." As a result, the board severely restricted his ability to practice medicine.
The physician did not take the allegations lightly. He is proactively working to better ensure his license is fully reinstated. He has sued the board and three members, individually.
His arguments include:
- Danger to patients. The accused is one of only five board certified oncologists in the area. He serves over 3,000 patients. Due to the nature of his specialty, a large number of these patients are extremely ill and require regular treatments for survival. The restrictions on his license puts the care of these patients in jeopardy.
- Constitutional violations. The physician also accused the board and individual board members of unnecessarily rushing his hearing. He states he posed no immediate threat to patients and supports this argument with the fact the complaints were old, dating back to 2014. As such, there was no need to give the physician only ten days to prepare for the hearing. The physician contends this rushed hearing was a violation of his right to due process, a Constitutional right granted in the 5th and 14th Amendments.
The physician has asked the court to hold a jury trial to review the facts. He has also asked the court instead of the Texas Medical Board, rule on the fate of his medical license.
In addition to the renewal of his license, he has sought compensatory damages to cover the cost of lost wages and damage to his practice as well as attorney's fees. We will follow this case and provide updates as they become available.
The case provides an example of the difficulties that come with an investigation by the board. Those who are under investigation and face a hearing before the board are generally allowed legal counsel. An attorney can better ensure your interests are protected throughout the investigation and hearing.