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Lawrence Broder Texas Medical Board

Dr Lawrence Broder MD Completely Exonerated!

** Update:  January 24, 2020 unsurprisingly, KXAN continues with their defamation.  What they don’t want you to know, is that not only was Dr Broder completely exonerated after the 3 year Texas Medical Board Investigation in their original report (no retraction), but the false allegations made in the same story about the tragic patient event were also dismissed twice.  The complaint was not only dismissed, but the Medical Board added: “No Standard of Care Violations Found”.  It cannot be clearer that Dr Broder did nothing wrong in this case. Unfortunately, the facts do not matter to KXAN, only ratings and money.  The Medical Board is obviously no friend of Dr Broder and certainly was not involved in a Cover Up as their nonsensical story implies.  This will all be played out in pending litigation.

On May 31, 2019 the two Administrative Law Judges (ALJ) released their decision after a 4 day hearing at the State Office of Administrative Hearings (SOAH) regarding Lawrence Broder Texas Medical Board (TMB) Allegations.  The summary of their findings:

“Staff for the Texas Medical Board (Board) brought this disciplinary action against Respondent Lawrence D. Broder, M.D., alleging that Dr. Broder violated the Medical Practice Act (Act) and Board rules by falling below the standard of care and engaging in unprofessional or dishonorable conduct in his treatment of two patients, failing to maintain adequate medical records for two patients, and disclosing without authorization the private medical information of one patient. The Administrative Law Judges (ALJs) have determined that Staff failed to establish any of the violations alleged in this proceeding.”

Conclusions of Law from TEXAS SOAH ALJs

lawrence broder texas medical board

The Board has jurisdiction over this matter pursuant to the Medical Practice Act (Act), Texas Occupations Code, chapters 151-165.

SOAH has jurisdiction to hold a contested case hearing and to issue findings of fact and conclusions of law, subject to the provisions of Section 164.007 of the Act, pursuant to Texas Government Code, chapter 2003,

Notice of the complaint and of the hearing on the merits was provided as required by Section 164.005(f) of the Act and Texas Government Code §§ 2001.051-.052.

Staff had the burden to prove the alleged violations by a preponderance of the evidence. 1 Tex. Admin. Code § 155.427.

With respect to Patient 1, the preponderant evidence in the record does not establish that Dr. Broder failed to practice medicine in an acceptable manner consistent with public health and welfare, Tex. Occ. Code § 164.051(a)(6)’, 22 Tex. Admin. Code § 190.8(1)(A)-(D).

The preponderant evidence in the record does not establish that Dr. Broder failed to keep adequate medical records for Patient 1. 22 Tex. Admin. Code § 165.1(a)(1),

With respect to Patient 1, the preponderant evidence in the record does not establish that Dr. Broder engaged in unprofessional or dishonorable conduct that is likely to deceive, defraud, or injure the public. Tex. Occ. Code § 164.052(a)(5).

With respect to Patient 2, the preponderant evidence in the record does not establish that Dr. Broder failed to practice medicine in an acceptable manner consistent with public health and welfare, Tex. Occ. Code § 164.051(a)(6); 22 Tex. Admin. Code § 190.8(1)(A)-(D).

Staff“ s pleadings and evidence did not establish that, with respect to Patient 2, Dr. Broder failed to make any required disclosure of risks and hazards of care or treatment provided, Tex, Civ. Prac. & Rem. Code § 74.104.

The preponderant evidence in the record does not establish that Dr. Broder failed to keep adequate medical records for Patient 2. 22 Tex. Admin. Code § 165.1(a)(1).

With respect to Patient 2, the preponderant evidence in the record does not establish that Dr. Broder engaged in unprofessional or dishonorable conduct that is likely to deceive, defraud or injure the public. Tex. Occ. Code § 164.052(a)(5).

The preponderant evidence in the record does not establish that Dr. Broder divulged Patient 2’s private health information in violation of federal law, Tex. Occ. Code § 164.053(a)(1)’, 45 C.F.R, §§ 160.103, 164.502(a).

So, what does this mean for Lawrence Broder Texas Medical Board?

  1. The TMB conducted an illegal, more than 3 year witch-hunt against Dr Broder spurred on by ex-employees who were terminated for fraud and theft.  Instead, of properly investigating these fabricated and frivolous complaints, multiple TMB staff, especially TMB Staff Attorney Johnathan Stone conspired by repeatedly violating TMB, Texas and Federal laws to try to get Dr Broder to admit these false allegations.
  2. In a formal complaint filed against the TMB and addressed to TMB Executive Director Stephen Brint Carlton, Dr. Broder listed over 100 illegal acts (violations of State and Federal Law)  by TMB staff during the more than 3 years of his investigation.  This included witness tampering, fabrication of evidence, retaliation and violations of due process.
  3. The TMB produced seven (7) versions of their original complaint since 2016 that they desperately tried to manipulate in order to tag Dr Broder with some type of violation.  The resultant final complaint filed at SOAH was then unsuccessfully supplemented by Stone more than 3 times with no evidence.
  4. The result is that the TMB spent more than 3 years pursuing false allegations that were easily proven as such 3 years ago.  They wasted hundreds of thousands of dollars and thousands of hours with no evidence, while leaving actual unsafe physicians free to practice.  For instance the sworn affidavit by “patient 2” from 2016 that spurred the investigation, was proven as perjury and should have been dismissed.  The letter from “patient one’s” sister was clearly shown to be written by someone with medical knowledge and training, none of which she possessed.  It should have been dismissed.  Furthermore, none of these “patients” were harmed in anyway. Instead both complaints were moved forward with no evidence!
  5. The SOAH decision by the ALJs shows that the case brought against Dr Broder was false, frivolous, groundless and filed only for the harassment of Dr Broder.  Dr Broder spent more than 3 years of his life and hundreds of thousands of dollars defending his good name against baseless accusations.  This is egregious that a State Agency could abuse their power to this degree with impunity.
  6. Dr Broder testified in 2017 and 2019 at the Texas Legislature for the TMB sunset hearing regarding TMB abuses of power.  Unfortunately, his real pleas (and now vindicated) fell on deaf ears and nothing was done to reign in the out of control TMB.  Incredibly, Dr Broder was retaliated against for his public testimony by TMB General Counsel Scott Freshour.
  7. Dr Broder will use every legal avenue available to seek relief of this harassment from a government agency and prevent future persecution of innocent doctors.
  8. Making matters worse, local station KXAN used these false allegations to develop a defamatory story that Dr Broder is an unsafe physician.  Despite the allegations they reported being removed in an amended SOAH complaint and eventually completely dismissed, KXAN has published no retraction.
  9. Stay tuned for further developments of Lawrence Broder Texas Medical Board and KXAN.

FOR IMMEDIATE RELEASE
June 4, 2019

VETERAN CENTRAL TEXAS SURGEON VINDICATED

Austin area cosmetic surgeon Dr. Lawrence Broder had performed more than three thousand cosmetic surgery procedures over his 24 year medical career.

In 2016, a disgruntled, fired former employee launched a campaign to discredit him, filing a complaint with the Texas Medical Board. It has taken nearly three years for Dr. Broder to get justice.

A judge with the State Office of Administrative Hearings in Austin dismissed the complaint last week using the strongest language “failed to establish any of the violations alleged in the proceeding.”

Here is the problem.

In 2018, an Austin TV station KXAN used the now-debunked complaint against Dr. Broder as the key evidence the Texas Medical Board doesn’t warn patients about supposed bad doctors. Of all the doctors in Texas, the report focused only on a single complaint against Dr. Broder, whose license had never been sanctioned. Not once.

Dr. Broder could have chosen to keep the court decision private, fearing more publicity would simply remind people of the public attack made on his practice years ago, but instead he is celebrating the truth.

“My staff and I have worked tirelessly to care for our patients, give them better satisfaction with their own bodies, give them better lives, and I wanted my future patients to know their trust in us is well placed”, says Dr. Broder

“This is the text-book reason why we need to be very cautious before we sully someone in public based solely on an unverified complaint, especially when we know the source is a fired employee”, says Wayne Dolcefino, President of the Houston based Investigative Media Firm Dolcefino Consulting. “Dr. Broder proved the allegations were totally without merit, but how does he get his reputation restored.”

Broder has demanded a retraction from the reporter who did the original story. That hasn’t happened, yet. In the meantime, he wants the public record corrected.

“I have had to fight hard to prove these allegations were totally false from the very beginning,” says Dr. Broder. “ I thank all my patients and medical staff who stood by me when I was unfairly accused.”