Areas of Expertise

Physician Misconduct and Patient Complaints

Since 1996, the number of formal complaints against Texas physicians has nearly doubled. Complaints against doctors are typically made by patients, pharmacists, nurses, or other doctors. The most common complaints allege non-therapeutic prescribing of a drug or treatment and unprofessional conduct resulting from professional incompetence or a mental or physical impairment.

The Bennett Law Firm has extensive experience representing healthcare providers accused of professional misconduct. The firm represents physicians before licensing and regulatory boards and courts of law in criminal and related civil and administrative matters - with particular reference to the professional confronting allegations of substance abuse, sexual misconduct, billing irregularity or professional negligence.

Texas Medical Board Disciplinary Procedure

The Texas Medical Board initiates Disciplinary proceedings based on either complaints or reports of physician malpractice claims. The Texas Occupational Code grants the Texas Medical Board authority to investigate physicians who have had three or more malpractice claims filed against them within a five-year period. More and more doctors are finding themselves face-to-face with a politically charged Texas Medical Board when they are guilty of nothing more than the misfortune of having a disgruntled, overzealous patient file a groundless complaint, or, even more likely, a frivolous lawsuit. This is not a good thing.

Regardless of what you may have heard in the past, a disciplinary proceeding by the Texas Medical Board is serious business. This is not to say that a disciplinary action is the end of your medical career. Even where physicians have made mistakes, the Medical Board is often willing to workout a solution if the physician takes the matter seriously and shows a willingness to work with the Medical Board. On the other hand, even a minor act of malfeasance can result in the termination of a physician’s license if the physician is disrespectful or does not take the matter seriously.

The Bennett Law Firm Advantage

In twenty years of representing doctors before licensing agencies, the Bennett Law Firm recognizes that there is now an increased aggressiveness on the Texas Medical Board that did not previously exist. More and more physicians who have delayed seeking legal counsel have no idea how serious a disciplinary action by the Board can be. What is often heard is, “I thought my colleagues would understand I hadn’t done anything wrong.”

The key to dealing with a disciplinary proceeding is to take it seriously from the start and engage a knowledgeable attorney early in the process. If you are already involved in the process, now is the time to consider legal counsel. If the Medical Board has served you with a formal complaint, you will have to appear before an administrative law judge with the State Office of Administrative Hearings (SOHA). This is a real lawsuit and should be treated as such. Therefore, if counsel was not obtained for the informal hearing, it would be a mistake not to obtain counsel for this hearing. The formal complaint will allege specific violations of a specific statute’s or rules and will also require the intense preparation of evidence, witnesses, and expert reports. Although there is the potential to appeal the SOHA decision in district court within thirty days of the final decision, reversals on appeal are rare.