The Common Law

Last week's column addressed how to file a complaint against a physician licensed in Texas with the Texas Medical Board. Today's column discusses what you can expect during the complaint process.

Trained staff and investigators review all complaints against physicians who are submitted to the TMB. All complaints undergo an initial 30-day evaluation to determine whether they fall within the TMB's jurisdiction and whether a violation of the Medical Practice Act is indicated in the information submitted. Some of the most common violations of the Texas Medical Practice Act include practice inconsistent with public health and welfare, unprofessional conduct, violations of board rules, and impairment on the part of the physician. If it is determined that the complaint is jurisdictional and a violation is indicated, a full 180-day investigation will be conducted by board investigators. The doctor who is the subject of the complaint will receive written notice of a possible violation and will be invited to respond to the allegations.

Once the investigation is completed, if the evidence gathered supports a violation, the physician is invited to discuss the matter with TMB officials at an informal settlement conference. The person who filed the complaint is also invited to this conference. The informal conference provides an opportunity to discuss the complaint and determine, if there is a problem, whether it can be resolved by agreement. If no agreement is reached, the matter may then be heard by an administrative law judge.

Several disciplinary actions are available to the TMB if, as a result of an agreement or hearing, the doctor is found to have violated the Texas Medical Practice Act. The spectrum of options includes issuing a written reprimand to license revocation. In other instances, the doctor may be placed on probation, which would require him or her to meet regularly with TMB compliance officers to ensure the doctor is conducting his or her practice appropriately.

Keep in mind that a complaint filed against a physician with the TMB will be taken seriously. Many common concerns – such as feeling hurried during your doctor's visit or treated abruptly by staff – don't necessarily mean you are seeing an uncaring or incompetent doctor. In those types of situations, you may want to try working out the issue directly with the physician before filing a complaint with the TMB.