Weitz Morgan Secures Dismissals of Two Texas Medical Board Complaints

The firm recently obtained favorable outcomes for two physicians facing Texas Medical Board complaints.

Physician 1: A United Staes Air Force physician was wrongfully accused of have violated the Air Force’s drug policy when she tested positive for a prohibited drug after coming off maternity leave. The firm was able to use the doctor’s medical records to demonstrate that the positive test result emanated from Vyvasne, prescription drug taken for her ADHD that did not appear on her chart. Thus, even though that drug will trigger a false positive, the testing authorities did not see it on her mediation report. Using post-testing medical records, the firm demonstrated that the doctor had stopped using the drug while she was pregnant and the lapse in use caused the drug to fall off her mediation report. Once the sequence of events was presented to the board, it dismissed the complaint.

Physician 2: A north Texas family physician was accused of a boundary violation during an examination of a scarred area near a patient's breast. The medical records were clear that the breast itself was never examined, that a chaperone had been offered and declined, and that there was no inappropriate conduct on the physician part. The complaint was dismissed based on the medical records.