The Texas Medical Board (TMB) is responsible for receiving and reviewing all complaints made against physicians. Patients, patients’ families, other healthcare professionals and other individuals can submit complaints to the Board at any time.
Frequent accusations include:
- Incorrectly diagnosing a patient
- Medical errors during a procedure
- Inappropriately prescribing a drug to a patient
What happens if the Board receives a complaint against a physician?
When the Board receives a complaint, an analyst reviews it to determine if the complaint is in the right place. If it is not, the Board will send the complaint to the appropriate agency.
If the complaint is in the right place, the Board conducts an initial review. During this period, the Board contacts the individual who made the accusation and the licensee. If the information in the complaint does not provide a specific accusation against the medical professional, the Board dismisses the case.
If the accusation is specific and the licensee cannot provide information countering the charge, the Board launches an investigation and asks the medical professional for any relevant information.
If needed, the Board requests information from other sources. Notwithstanding the Health Insurance Portability and Accountability Act (HIPAA), the Board does not need a patient’s permission to access their medical records if that is necessary for purposes of the investigation.
After the investigation, the Board forwards the case to its litigation section or dismisses it. Under certain circumstances, the Board refers the case to the disciplinary review committee.
Attorney John Rivas is responsible for this communication