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D.P. vs. Texas Medical Board

Case Study

D.P. vs. Texas Medical Board


The firm assisted an emergency room physician who saw a patient who had complained of an inability to walk or use of the patient’s hands.


A week later, at another visit with another physician, the patient was diagnosed with lymphoma, as indicated by a mass in the neck area.


The complaint, filed by the patient, alleged that the firm’s client had failed to evaluate the patient’s initial complaints in the emergency room, had failed to order an MRI, and had been verbally abusive to the patient.


The firm successfully argued, from the record, that all of the claims against the physician (client) were unsupported, including the most serious claim that there was a failure to properly diagnose and treat the patient, which would have alerted the secondary physician as to the patient’s cancer when the physician examined the patient in the emergency room.


The firm’s filed responses and interaction with the Board resulted in no further escalation of this matter that would have involved a disciplinary hearing before the Board. The complaint, during the initial review process, was also dismissed against the client, and no discipline was taken against the physician.