Physicians in Texas are regulated by the Texas Medical Board, a state agency that maintains the standard practice of medical practitioners within the region. However, if a complaint is made against you as a practicing physician, either by a patient, patient's family, or anonymously, it's vital you know how to defend yourself. The Texas Medical Board will set up a review process when such a complaint is made. The review process is complicated and involves many steps with numerous outcomes. However, this article will walk you through what to expect in each stage and how to defend yourself.
Compliant Placed
You'll receive an initial complaint letter if a complaint is made against you to the TMB. When you receive this letter, you should seek guidance from an experienced Texas medical board lawyer immediately. TMB will never routinely send you a complaint letter if a complaint is not filed against you.
Informal Investigation
After receiving the initial complaint letter, an informal investigation is initiated into the complaint. There have been cases of patients who took supplements while on medication, only to suffer from a reaction but blame the physician. You are required to respond to the letter within 30 days of receiving the letter. In your response, state why the complaint should be dismissed. If you don’t respond within the stipulated time, disciplinary actions may be taken against you. After responding, the case may be dismissed or proceed to a formal investigation.
Formal Investigation
Under the Texas Medical Practice Act, the TMB has the legal authority to issue a formal investigation. During the formal investigation, TMB will gather evidence about the complaint, like documents related to the complaints, interviews with the patient or staff, etc. During the formal investigation, the case may progress to a remedial plan where an expert panel of two physicians of the same or similar field review the evidence and recommend it gets sent to the Disciplinary Process Review Committee for approval to dismiss the case or for further evaluation.
QA Panel
After a thorough investigation, TMB may invite you to a quality assurance panel that then looks into the totality of the complaint based on the evidence gathered. A typical QA panel can refer the complaint to the litigation department for an informal settlement conference (ISC), offer you a remedial plan, or direct the case to the DPRC for dismissal.
Informal Resolution
If the QA panel recommends an ISC, a panel of two board representatives will review the information and allow the physician to offer an explanation against the claim. After deliberating, the board may ultimately recommend one of seven actions:
Dismiss the case,
Recommend an agreed order,
Defer for further investigation
Direct the filing for a formal complaint
Recommend temporary suspension or revocation of license
Recommend administrative penalty
Recommend remedial plan
Formal Resolution
If the physician declines the agreed order, a formal resolution begins where an administrative law judge hears witnesses and considers documents. The complaint gets filed with the State Office of Administrative Hearing, and the judge will write a proposal for a decision based on each side's summary of the case.
Final Order
Based on the recommendation, the Texas Medical Board will issue a final order dismissing the case or disciplinary action. After a final order, no more processes exist to change the order. The TMB's final order is binding on the physician, and the only other remedy is an appeal to the Travis County District Count.
