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Mark A. Weitz Obtains Dismissal For Med Spa Owner Nurse in a Competitor-Filed Board Complaint

Weitz Morgan congratulates Partner Mark A. Weitz for securing the dismissal of a complaint against a client being prosecuted by the Texas Board of Nursing (BON).


The case involved three patients who received Botox injections by a registered nurse at the nurse's med spa. The board complaint alleged complications as a result of a violation of the standard of care.


The nurse refused the BON's proposed order and formal charges were filed in late 2022. A trial date was set for November 2023.


In May of 2023 Weitz Morgan began aggressive discovery of the allegations, including efforts to depose the three patients. The complaint had been filed by a doctor in Ft. Worth and not by the patients themselves.


The methodical effort to dissect the case initially saw the BON amend its pleadings to remove certain allegations. That was followed up by a second round of written discovery challenging the new allegations. At the same time the firm noticed the depositions of all three patients. Within three weeks of doing so the entire case was dropped and dismissed from the docket. The charges will also be removed from the nurses on-line profile.


The nurse's med spa is one of the highest rated spas in the Dallas/Ft. Worth metroplex. The allegations, which are now proven to be groundless, and resulting board complaint were the product of a competitor. Weitz Morgan thanks this client for putting her trust in us and wishes her and Mark congratulations on their victory.


Mark is head of the firm's healthcare practice and routinely represents physicians and registered nurses in board complaints related to med spa activities.

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