A report on medical liability states that approximately 61% of doctors may end up facing charges of medical malpractice by their late career. This means that doctors are at a high risk of being charged by the Texas Membership Board for alleged violation of the law.
However, before you embark on any defensive action or you enter into any settlement, it is imperative to understand that some of the actions undertaken by the Texas membership board may be taken in violation of the law. In other words, the TMB may have undertaken illegal action against you.
Here is a brief elucidation of the illegalities.
Use of the Wrong Standard of Review
Often, the TMB institutes legal proceedings against medical practitioners using the “preponderance of evidence” as the standard of review. This is against the requirement by the U.S Supreme court, which provides that the basic standard of review to be utilized is that of “clear and convincing evidence.”
This means that any action instituted against you is null and void because of contravening the provisions of law.
Illegally Held Offices
The Texas constitution provides for a maximum term of 2 years for every TMB member. This means that any member whose term has expired has no jurisdiction or authority. Despite this provision, some members of the TMB continue to hold their offices in contravention of the constitution, which is the supreme law of Texas.
Also, some TMB members who have not taken their oaths of office are illegally receiving compensation from the Texas State treasurer. This is a clear violation of the law.
Therefore, aware of this fact, you have a defense against illegal proceedings being instituted against you.
Invalid Complaints
The Texas state statute underlines a requirement that the TMB ought to index and cross-index the specific statute filed against you in the complaint. Often the TMB fails to align with this provision while filing their complaint against you. This denotes a violation of this legislation.
It is evident that the TMB members are in gross violation of both the constitutional and legislative provisions of the jurisdiction in Texas. Therefore, they lack jurisdiction to undertake any legal proceedings against you.
How Can a Texas Membership Association Help?
Joining a membership association can help you avoid harassment and illegal complaints being instituted against you. Proadvocate Group is an association that seeks to leverage the rights of its members. In other words, the Texas Membership Association safeguards your interests, thus allowing you to continue practicing your profession.
Contact us today for more information on this.