Post: U.S. Court of Appeals Rules against the Texas Medical Board
Posted by Sharon on 12/10/10
U.S. Court of Appeals Rules against the Texas Medical Board
CLICK HERE TO READ ONLINE & COMMENT
The U.S. Court of Appeals for the Fifth Circuit ruled, on
December 2, 2010, against the Texas Medical Board (TMB),
allowing landmark litigation by the Association of American
Physicians and Surgeon to proceed to prove wrongdoing by
the Board.
Among the claims of “pervasive and continuing violations of
… constitutional rights” by the TMB, the Court expressly
noted allegations that “the Board manipulated anonymous
complaints,” that the former Board president targeted
physicians, and that “anonymous complaints allegedly were
filed by a New York insurance company seeking to avoid
paying … for claims.”
The unanimous Court described the allegations as “rather
dramatic claims,” and sent the case to the federal trial
court so that discovery can proceed. The TMB will no longer
be able to conceal its wrongdoing against good physicians.
Physicians brought before a licensure board can be
financially ruined by unconstitutional proceedings, even if
exonerated, or they can lose their livelihood altogether.
Instead of using their enormous power for the purpose of
protecting the public, board members can deprive thousands
of patients of access to good physicians simply because an
anonymous complainant held a grudge against the physician,
or dislikes freedom in medicine.
TMB argued that only individual physicians had standing to
sue. AAPS noted, however, that individuals could not
typically prove a pattern of abuse involving other
physicians. Moreover, physicians fear retaliation for
complaining about the Board.
The Court ruled that: “If practiced systemically, such
abuses may have violated or chilled AAPS members’
constitutional rights. Proof of these misdeeds could
establish a pattern with evidence from the Board’s
witnesses and files and from a small but significant sample
of physicians.”
One Texas physician writes: “I can’t tell you how fearful
doctors are of the TMB. Knowing that with each disgruntled
employee, angry neighbor, or aggressive competitor, we
could lose our license, the practice of medicine has become
one of fear. Thank you for your fight, and I hope many
physicians will be sleeping more easily…at least in Texas!”
AAPS is a national organization representing physicians in
all specialties. The entire decision is available, as are
the complaint, other documents, and a link to an
audiorecording of the oral argument. See
http://www.aapsonline.org/newsoftheday/001438 for more
information.
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