Our firm receives many calls regarding potential medical malpractice claims. Not all medical errors can rise to the level that will allow for a lawsuit or claim to be made because many times the conduct complained of violates the physician’s obligation to the patient but is not a direct cause of harm. In those cases we usually refer the patient to the Texas Medical Board.
If a physician has violated a patient’s rights, or failed to properly conduct himself or herself, the Texas Medical Board has procedures to investigate. Patients sometimes feel that the Medical Board is there to protect the physicians and will not help them. It is our experience that the Board will investigate these claims and pursue action when necessary. Just last month, the Board took action against 48 Texas doctors. However, there are many times when a patient has a complaint that does rise to the level of potential malpractice under Texas law.
A thorough review of all medical records by one an experienced medical malpractice attorney is only the starting point. A competent and qualified physician should also review the records. Once these two reviews have been completed, an examination of any previously complained of conduct of the doctors, nurses and hospitals involved should be undertaken, as well as an in-depth investigation of the credentials and history of the involved healthcare providers.
In this age of the internet, available publications and medical journals can be researched to supplement one’s knowledge in any particular area of medicine. Often, when a leading journal article is found, attorneys can contact the author to make further inquiry and perhaps retain that individual to assist in the case.
In short, Texas patients do have rights, and the Texas Medical Board can assist in circumstances that do not rise to the level required for court intervention.