Did you know that 40 percent of all patient complaints to the Texas Medical Board (TMB) are dismissed after receiving an initial response? That makes your timely response all the more critical.
TMB Complaints about Physicians On The Rise
In his September 2024 message to physicians, TMB President Dr. Sherif Zaafran, M.D., FASA, warned that complaints against licensees are on the rise.
“As you are undoubtedly aware, the TMB licensee population continues to grow as the state grows. Unfortunately, a growing population also means an inherent increase in complaints against licensees,” Dr. Zaafran wrote.
He acknowledged that receiving a letter from the TMB can be stressful and anxiety-inducing. However, he cautioned physicians to respond quickly to these notices: “If you do receive written notice that the Board has received a complaint about you, please make sure to provide a full response by the deadline.”
Why Patients File Complaints with the TMB
Patients may contact the TMB to complain about their physicians for a variety of reasons, including:
- Medical Malpractice: If a patient believes that their physician's negligence or errors in treatment resulted in harm, injury, or unnecessary pain, they may file a complaint with the TMB.
- Aiding or Abetting the Unlicensed Practice of Medicine: If a patient feels you failed to provide appropriate supervision or delegated care to someone unqualified, they may file a complaint alleging the illegal practice of medicine.
- Unprofessional Conduct: Complaints may also be filed for unprofessional behavior, such as sexual misconduct, impairment, and physical or verbal abuse. (Complaints about rudeness, however, fall outside of the Board’s jurisdiction.)
- Failure to Disclose ownership interests in labs, ambulatory surgery centers, or other healthcare businesses to which patients were referred.
- Incompetence: Patients may believe that their physician is not qualified or competent to practice in the area of medicine in which they are practicing or not meeting the standard of care.
- Failure to Obtain Informed Consent: If a patient feels that they were not adequately informed about the risks and benefits of a procedure or treatment, they may file a complaint.
- Improper Solicitation of Patients to induce patient referrals in violation of Stark Law and the Texas Solicitation of Patients Act.
- Communication Issues: Poor communication, such as a lack of responsiveness or difficulty understanding the physician, can lead to patient dissatisfaction and complaints.
- Releasing Confidential Information: HIPAA violations, including a patient's identity or other protected health information exposed on social media, can lead to patient complaints.
Respond to a TMB Complaint Letter Within 28 Days
All complaints to the TMB against a physician are evaluated within 45 days. Within those 45 days, the Board must determine if a potential violation of the Medical Practice Act warrants an official investigation, or if the complaint should be dismissed.
If you receive notification from the TMB that a complaint has been filed against you, an official investigation has been opened. You have 28 days (from the date of this letter) to respond.
As noted before, nearly 40 percent of all complaints are dismissed after receiving an initial response, so your input is critical to the Board's evaluation.
What should be included in your response?
- A letter summarizing the allegations, stating the facts, and rebutting each allegation with a sound legal and/or medical argument, citing relevant facts and/or laws or Board rules; and
- Any records or documents you believe are relevant.
Your attorney can strategically respond to all allegations and argue your side of the story, stating the facts of the case and citing relevant rules or regulations.
Additionally, your attorney can handle all communications and negotiations with the Board, including informal settlement conferences, administrative hearings, or appeals, as necessary.
What Action Can the Texas Medical Board Take?
If a violation is found, the Board may take several actions, including:
- Reprimand
- License revocation
- Probation
- Restrictions
- Fines
If a violation is not found, the Board will close the investigation and notify you.
Learn more about the TMB complaint process and disciplinary proceedings.
Do You Need An Attorney to Respond to a TMB Complaint Letter?
You are not required to seek the advice of an attorney before submitting a response to the TMB complaint, and the TMB offers no guidance on this question. However, an attorney experienced with the TMB and its complaint and enforcement process can help guide you to the best possible outcome.
Why seek the advice of an attorney when responding to the TMB about a patient complaint?
- Understand Your Rights: An attorney can help you understand your rights as a healthcare provider and the specific procedures and rules governing the TMB's complaint process.
- Coordinate with Your Malpractice Carrier: Our attorneys will notify and work with your malpractice insurer to coordinate your defense.
- Craft a Strong Response: A well-crafted, well-reasoned response can significantly impact the outcome of a complaint. An attorney can help you develop a clear, concise, and persuasive response that addresses the allegations and protects your professional reputation.
- Negotiate a Settlement: In some cases, it may be possible to negotiate a settlement with the TMB. An attorney can help you assess the potential risks and benefits of settlement and guide you through the negotiation process.
- Prepare for a Hearing: If a formal hearing is necessary, an attorney can help you prepare your case, gather evidence, and represent you at the hearing.
- Protect Your License: A TMB complaint can have serious consequences for your medical license. An attorney can help you navigate the process and minimize the potential risks to your career.
Don’t be rash in your response to the TMB; the stakes are too high. Instead, contact a healthcare attorney immediately.
At Hendershot Cowart P.C., our administrative and health law attorneys regularly intervene with the TMB on behalf of our clients. We can prepare a fact-based, valid, and professional rebuttal that will help protect your interests, your license, and your professional reputation.
To schedule a consultation with our team or learn more about our medical license defense services, contact us online or via phone at (713) 909-7323.
