Five Mistakes Physicians Make Immediately After Learning of a Texas Medical Board Complaint

Receiving notice of a Texas Medical Board complaint can be stressful, but a physician's actions immediately afterward can significantly affect how the matter develops. TMB conducts an initial review to determine whether a complaint is within its jurisdiction and whether there is evidence of a possible violation of the Medical Practice Act. Physicians should therefore approach the first response carefully and deliberately.

1. Responding Emotionally

One of the most common mistakes is reacting emotionally to the allegations. A physician may feel compelled to immediately contact the patient, complainant, former employee, or another person involved in the matter to explain what happened. That response can create additional statements or communications that later become relevant to the investigation. The better approach is to first understand exactly what the Board is alleging, identify the applicable deadline, and organize the relevant information before responding.

2. Assuming the Complaint Will Simply Go Away

Physicians sometimes assume that a complaint is too minor, inaccurate, or obviously unfounded to warrant serious attention. That can be a costly assumption. TMB reviews complaints to determine whether they are jurisdictional and whether additional investigation is warranted. If a complaint proceeds to investigation, the physician may be asked to provide additional information and records. A physician should treat every Board notice as a matter requiring a timely and thoughtful response, regardless of whether the allegations initially appear credible.

3. Altering or “Correcting” the Medical Record

Another serious mistake is changing the medical record after learning about the complaint. A physician may notice an omission or error and believe that correcting it will make the record more complete. Creating a new entry may be appropriate in some circumstances but attempting to change historical documentation or make it appear that information was documented earlier can create additional concerns. The physician should preserve the existing record, including relevant electronic information, and obtain appropriate guidance before making changes related to the events under investigation.

4. Preparing a Response Without Reviewing the Evidence

A physician may be tempted to immediately write a detailed narrative explaining why the complaint is wrong. A response that is incomplete, overly argumentative, or inconsistent with the medical record can create unnecessary problems. TMB's process may involve review of medical records and, in standard-of-care matters, evaluation by physicians with expertise in the same or a similar specialty. The physician should therefore review the relevant records, correspondence, test results, policies, and other documentation before preparing a substantive response.

5. Waiting Too Long to Obtain Legal Advice

Perhaps the most avoidable mistake is treating the initial TMB notice as something that can be handled later. TMB's preliminary evaluation is time-sensitive, and the Board may request information from the physician during that process. The Board states that its initial review generally occurs during the first 45 days after receiving a complaint.

Consulting experienced counsel early can help the physician understand the allegations, preserve relevant evidence, evaluate the medical record, and prepare a focused response. Early preparation also provides an opportunity to identify potential issues before they become more significant during a formal investigation.

Conclusion on Five Mistakes Physicians Make Immediately After Learning of a Texas Medical Board Complaint

A Texas Medical Board complaint should be approached as a regulatory matter requiring careful attention, not as an argument that must be won immediately. Physicians should avoid emotional reactions, preserve their records, thoroughly review the evidence, meet Board deadlines, and consider obtaining legal advice before submitting a substantive response. A disciplined response at the beginning of the process can help prevent an already difficult situation from becoming more complicated.

Physicians facing a TMB complaint should not go about the process alone. Legal counsel experienced in both TMB defense and healthcare compliance can help manage the risks associated with peer reviews as well as protect your license and reputation.

Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and guidance to physicians on board complaints. With a deep understanding of the unique challenges and complexities faced by this process and profession, our team of experienced attorneys is dedicated to helping doctors navigate this legal landscape successfully.