In Texas, patients who feel harmed by a healthcare provider may wonder whether they should file a medical malpractice lawsuit, file a complaint with the Texas Medical Board (TMB), or both. While these two actions may seem similar, they serve different purposes and follow distinct processes. Below is an in-depth look at the differences between medical malpractice cases and Texas Medical Board complaints.
Purpose and Focus:
Medical Malpractice Lawsuits – A medical malpractice lawsuit is a legal action where a patient (the plaintiff) sues a healthcare provider (the defendant) for causing harm due to negligence or substandard care. The primary focus is compensation for damages the patient suffered, including medical expenses, lost wages, pain and suffering, and more. To win a malpractice suit, the plaintiff, in general, must prove that the provider deviated from the standard of care and directly caused the injury.
Texas Medical Board Complaints – A TMB complaint, on the other hand, is an administrative action where patients or others report concerns about a physician’s professional conduct or competence. The purpose is to protect the public by holding healthcare providers accountable to medical standards. The TMB’s focus is on evaluating whether the provider violated state regulations or standards, potentially leading to disciplinary action if misconduct is found.
Who Can File and Against Whom:
Medical Malpractice – In Texas, only the patient or their legal representative can file a medical malpractice lawsuit against a healthcare provider. Medical malpractice suits can target doctors, nurses, hospitals, or any healthcare provider responsible for the alleged harm.
Texas Medical Board Complaints – Anyone, including patients, other physicians, and healthcare staff, can file a complaint with the TMB against licensed Texas physicians. The TMB typically investigates doctors (MDs and DOs) but does not handle complaints about hospitals and nurses.
Legal vs. Administrative Process:
Medical Malpractice – A medical malpractice case is handled through the civil court system. The plaintiff must hire an attorney, and the process often involves filing a lawsuit, discovery, negotiations, and possibly a trial. It can be time-consuming, costly, and emotionally taxing, with potential outcomes that include financial settlements or court-ordered compensation.
Texas Medical Board Complaints – The TMB complaint process is administrative, not conducted in a judicial forum. Once a complaint is filed, the TMB conducts a preliminary review to determine if the allegations are within its jurisdiction. If so, an investigation is launched, which may include reviewing medical records, interviewing witnesses, and consulting medical experts. The board can impose disciplinary measures, such as fines, license suspensions, or other sanctions, but cannot award financial compensation to the complainant.
Burden of Proof and Standard of Care:
Medical Malpractice – In Texas, a malpractice plaintiff must prove that the healthcare provider’s actions did not meet the “standard of care”—the level of care that a reasonably competent provider would have offered under similar circumstances. Additionally, the plaintiff must demonstrate that this breach directly caused their injury, which can be challenging and require expert testimony.
Texas Medical Board Complaints – The TMB’s investigation looks for any breach of professional conduct or failure to adhere to Texas regulations. While the TMB also considers whether the physician met the standard of care, it does not require the same burden of proof as a court. The board can act based on evidence of unethical behavior, boundary violations, incompetence, substance abuse, or criminal conduct.
Potential Outcomes and Penalties:
Medical Malpractice – A successful medical malpractice lawsuit typically results in monetary compensation for the plaintiff. The provider may also suffer reputational damage but does not face direct disciplinary action from the court on their professional license.
Texas Medical Board Complaints – If the TMB finds a physician at fault, they can impose administrative penalties, such as fines, mandated education, suspension, or even revocation of the medical license. However, the board cannot order compensation for damages suffered by the patient, as only civil courts have that authority.
Statute of Limitations:
Medical Malpractice – In Texas, medical malpractice lawsuits generally must be filed within two years of the injury or when it was discovered, with certain exceptions for minors or fraud.
Texas Medical Board Complaints – There is no strict statute of limitations for filing a TMB complaint. However, the longer the delay, the more challenging it may be for the board to investigate the complaint effectively, especially if records or witnesses are no longer available.
Conclusion on Medical Malpractice Claims and Texas Medical Board Complaints
Both actions play crucial roles in maintaining medical accountability but serve different needs for patients and the public. Understanding the distinctions can help those facing either a malpractice claim or a complaint make more informed decisions proactively to avoid these outcomes. And for either scenario, the person subject to a suit or a claim should quickly secure counsel familiar with healthcare law as well as civil and administrative proceedings.
Feel free to reach out if you need more specific information or further clarification.
Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and counsel to physicians. With a deep understanding of the unique challenges and complexities faced by this type of specialized practice, our team of experienced attorneys is dedicated to helping physicians navigate the legal landscape successfully.
We recognize that physicians operate in a highly regulated environment, which necessitates a multifaceted approach to representation. Our firm offers a comprehensive set of services, including litigating board complaints and Medicare/Medicaid revocations, tailored to meet the specific needs of doctors in Texas, ensuring compliance, mitigating risks, and most importantly protecting licenses.
Comments