Malpractice Questions

  1. Do I have to go through the Medical Board to file a liability claim against my physician?
    No, the Medical Board does not evaluate, give advice, or handle civil liability claims. Those are heard in the civil courts.
  2. Has my physician ever been sued?
    TMB is required by law to "review the medical competency of a physician against whom three or more expert reports under Section 74.351, Civil Practice and Remedies Code, have been filed in three separate lawsuits within a five-year period…" If such a review leads to disciplinary action, it appears in the physician’s Profile. Otherwise TMB cannot make such information public. To learn if your physician has been sued, contact the Clerk of Courts in the county where the physician practices.
  3. Does a physician have to have malpractice insurance?
    Texas statutes do not require physicians to carry malpractice insurance. Many hospitals, however, will require a physician to carry malpractice insurance as a requirement for privileges at the hospital.

Any and all statements herein should not be construed as official policy or positions of the Texas Medical Board and are merely provided by Board staff for general guidance. No individual staff member is authorized to provide a binding opinion or statement for the full Board. Nothing herein should be construed as legal advice for any particular situation.