Receiving a complaint or investigation notice from the Texas Medical Board (TMB) can be a stressful and daunting experience for any medical or healthcare practitioner. You might feel overwhelmed, unsure of your rights, and tempted to quickly settle the matter.
But before you spend significant funds on a legal defense or agree to any settlement, it’s crucial to understand the legal framework within which the TMB operates. At ProAdvocate Group PMA, a Private Membership Legal Association, we’ve spent over 20 years and over $300,000 researching the TMB’s procedures. We’ve uncovered critical information that could invalidate their actions against you.
The TMB: Potential Legal Defects and Violations
Our extensive research has revealed several potential legal defects and violations within the TMB, including:
- Term of Office Violations: Many TMB members serve beyond their legal two-year term limit, as mandated by the Texas Constitution. This calls into question their jurisdiction to rule on cases.
- Lack of Reappointment: Numerous TMB members continue to operate without proper reappointment by the Texas Governor, violating legal procedures.
- Missing Oaths of Office: Many TMB members have failed to file their Oaths of Office and Statements of Officer with the Texas Secretary of State, potentially invalidating their actions.
- Improper Compensation: TMB members operating without valid oaths may be receiving compensation illegally.
- Statutory Indexing Errors: The TMB may not be properly indexing complaints to specific statutes, violating Texas law.
- Incorrect Standard of Review: The TMB may be using the “preponderance of evidence” standard instead of the required “clear and convincing evidence” standard, as mandated by the U.S. Supreme Court.
The Consequences of Ignoring These Defects
If the TMB is operating outside its legal boundaries, any actions taken against you could be illegal, null, and void. However, fighting the merits of the case can be expensive and time-consuming. Settling with the TMB, even if their actions are questionable, can have lasting consequences:
- Financial Burden: Legal fees and settlement costs can be substantial.
- Sanctions and Reputational Damage: Sanctions imposed by the TMB can damage your reputation and remain on your record indefinitely.
- Loss of Business: Public records of disciplinary actions can lead to a significant loss of patients or clients.
ProAdvocate Group PMA: Your Legal Ally
ProAdvocate Group PMA offers a solution. As a lifetime member, you gain access to our legal expertise and resources to challenge the TMB’s actions. We can assist you in:
- Withdrawal of Settlement Agreements: If you’ve already entered into a settlement agreement, we can help you withdraw from it based on the TMB’s potential lack of legal standing.
- Motion to Dismiss Complaints: We can help you file a motion to dismiss the complaint against you based on the identified legal defects.
- Appeals: Our membership includes support for appeals, even up to the U.S. Supreme Court, if necessary.
Protecting Your Rights and Your Future
By challenging the TMB’s authority based on these legal defects, you can potentially avoid costly legal battles, protect your reputation, and continue practicing your profession without undue burden.
Facing a TMB complaint can be overwhelming, but you don’t have to navigate it alone. ProAdvocate Group PMA provides the knowledge and resources to help you understand your rights and fight back against potentially illegal actions. Contact us today to learn more about becoming a member and protecting your professional future.