Complaints to the Texas Medical Board
If you feel a physician, physician’s assistant, acupuncturist, respiratory care practitioner, medical radiologic technologist, medical physicist, or perfusionist mistreated you, you can file a complaint with the Texas Medical Board. You must file a complaint in writing. You can find the complaint form and additional instructions on their website.
What Types of Complaints Does the Texas Medical Board Investigate?
Not every complaint falls within the Texas Medical Board’s jurisdiction. The matter complained of must constitute a violation of one of the following sets of standards:
- Medical Practice Act
- Physician Assistant Licensing Act
- Respiratory Care Act, or
- Medical Radiologic Technologist Certification Act.
While these acts govern a variety of issues, the most common violations that are investigated include complaints of the following:
- Professional incompetency.
- Improper prescription of medications.
- Unprofessional conduct that is dangerous to the public.
- Incompetency by way of mental or physical impairment (includes drug or alcohol problems as well as mental health issues)
Other Issues
Not all issues fall under the Texas Medical Board. Here are some of the other issues you may run into that they simply do not handle:
Practicing Without a License
The Texas Medical Board regulates licensed physicians. If a person is practicing medicine without a license, they are not under the Board’s jurisdiction. However, that person is committing a criminal act, so you should contact the local police department and let them handle the matter.
Poor Bedside Manner Complaints
If you have a complaint about a doctor’s poor bedside manner or downright rudeness, you can complain to the medical society to which he/she belongs. However, the State of Texas Medical Board has no authority to hear such complaints and will dismiss them.
Medical Billing Issues
The Texas Medical Board does not handle physician billing matters. Contact your health insurance company and, if necessary, the Texas Department of Insurance if there is a billing discrepancy.
Medical Records
Under HIPAA, a patient has the right to receive copies of their own medical records. Under HIPAA, a patient also has the right to view the original medical records at the doctor’s office. Generally, providers must provide copies within 30 days of a request unless you live in a State that shortens that period. In Texas, the physician must provide copies of records to the patient within 15 days of receiving a written request and payment of the reasonable charges to copy the records, films, etc. If you have difficulty, or anticipate difficulty, getting the provider to release the records, submit a request via certified mail to document the date it was sent.
Complications from Medical Procedures
Unfortunately, not every medical procedure goes exactly as planned. Many medical procedures have known risks and complications that may or may not arise. The Texas Medical Board typically does not hear these matters unless a violation of applicable licensing and practice rules is involved.
Medical Negligence
Medical negligence may or may not involve a matter governed by the Texas Medical Board. Medical negligence is simply a deviation from the accepted standard of care. An example of an act that would be a valid ground for a complaint and potentially actionable negligence would be a medical provider who is practicing while intoxicated and causes an injury. If you suspect that you are the victim of medical negligence, talk to a medical malpractice attorney about your civil rights. At Simmons and Fletcher, P.C., we offer a free, no-obligation consultation. Call us today at (713) 932-0777.
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