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Rivas and team help Texas doctor keep license

An investigation by the Texas Medical Board (TMB) is a serious matter. Thankfully, physicians that find themselves facing an investigation can seek legal counsel to advocate for their interests and help better ensure a more favorable outcome.

How does the TMB begin the investigation?

The TMB receives complaints from patients, colleagues, or other sources. These complaints may trigger an investigation. Investigators will work to gather evidence, interview witnesses, and review medical records.

A review panel of TMB members may then evaluate the evidence. If they find a violation, they will likely recommend disciplinary action. This could include:

  • Warning letters: For minor violations, the TMB may issue warning letters. These serve as a formal notice to the physician.
  • Agreed orders: Physicians can enter into agreed orders with the TMB. These outline specific actions the physician must take (e.g., additional training, monitoring).
  • Probation: The TMB can place a physician on probation, restricting their practice. Violations during probation can lead to more severe consequences.
  • Suspension: The TMB can suspend a physician’s license temporarily. Common reasons include substance abuse or unethical behavior.
  • Revocation: The most severe penalty, revocation permanently terminates a physician’s license.

The TMB’s investigative process is supposed to help ensure a thorough examination of complaints — but the process is not always fair. As a result, it is wise for those who find themselves up against the TMB to seek legal counsel.

How can legal counsel help if under investigation by the TMB?

An attorney experienced in matters involving the TMB can help physicians navigate the complex legal landscape and make informed decisions throughout the investigation. An experienced attorney will be your advocate, working to protect your best interests and guide you through the process. In some cases, this can lead to a complete dismissal of charges.

In a recent example, attorneys John J. Rivas and Ethan Lau successfully guided a Texas physician through this process. The physician was under investigation for various violations of the Texas Medical Practice Act, including failure to meet standard of care and unprofessional conduct. Mr. Rivas, Mr. Lau and their legal team were able to build a strong defense to these claims. After hearing both sides of the case, the ALJ stated that the TMB had failed to meet its burden in proving any grounds for disciplinary action against the physician and dismissed the case.

Attorney John Rivas is responsible for this communication.