Local doctor cited by TMB; attorney disputes claims
By JIMMY GALVAN

A Jasper doctor has entered into an agreed order to have his practice monitored by another physician after being cited by the Texas Medical Board last week.

Another physician will monitor Dr. Donald Ray Samuel’s practice for at least five years.

“He will also undergo annual evaluations to determine if he is mentally and physically able to practice medicine with reasonable skill and safety,” said Texas Medical Board spokesperson Jill Wiggins.

“He will also arrange for and successfully complete a custom continuing medical education (CME) program in obstetrics and gynecology through the University of California San Diego Physician Assessment and Clinical Education (PACE) program or an equivalent approved program.”

But Austin attorney Tim Weitz believes the action against Samuel is not warranted.

“Dr. Samuel has just decided to cooperate with Texas and put this behind him once and for all,” Weitz said.

“He agreed to let the medical board in Texas check his records because he believes he is doing a good job.

“He has a clean record in Texas,” Weitz said. “The case is more about bad attorneys than it is about bad doctors.”

The agreed order also requires Samuel to make detailed written chart notes prior to any non-emergent obstetrics or gynecological surgical procedure or hospital admissions; prohibits him from supervising physician assistants or advanced nurse practitioners, and assessing an administrative penalty of $250

According to Wiggins, the action was taken against Samuel because the Michigan Board of Medicine suspending Dr. Samuel’s license in

2004 based on complaints alleging violations of the standard of care pertaining to a stillborn delivery in January of 1994 and a maternal death in October of 1998.

Weitz said the Michigan Board took action against Samuel after the doctor made “judgment calls that were difficult to make.”

“The Michigan Board took action against him in a default action,” Weitz said. “The bottom line is that Dr. Samuel missed the hearing in Michigan and his attorney quit and didn’t get the hearing rescheduled. As far as I’m concerned, that’s attorney malpractice.

“Because Michigan took action, then that authorizes the Texas Board to piggyback that and take action purely based on Michigan’s action and they had only one side of the story,” Weitz said.

The administrative fine penalty was based on allegations that Dr. Samuel failed to provide properly requested medical records within 15 business days.