Robert Charles Lowry, M.D.// Cross Texas Medical Board v. Texas Medical Board// Cross-Appellee, Robert Charles Lowry, M.D. ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00770-CV
Appellant, Robert Charles Lowry, M.D. // Cross-Appellant, Texas Medical Board
v.
Appellee, Texas Medical Board // Cross-Appellee, Robert Charles Lowry, M.D.
FROM THE 459TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-18-006654, THE HONORABLE JAN SOIFER, JUDGE PRESIDING
CONCURRING AND DISSENTING OPINION
I do not join the Court’s analysis but concur in the Court’s judgment to the extent
that it affirms the Texas Medical Board’s final order. I otherwise dissent. I would conclude that
there is substantial evidence to support the Board’s finding that Dr. Lowry directly or indirectly
employed and associated in the practice of medicine with a physician whose license had been
suspended, see Tex. Occ. Code § 164.052(a)(14), (15), and its findings and conclusions that
Dr. Lowry violated the standard of care and record keeping requirements and failed to use proper
diligence in his professional practice, see id. § 164.051(a)(1), (3), (6); 22 Tex. Admin. Code
§§ 165.1(a) (Tex. Med. Bd., Medical Records), 190.8(1) (Violation Guidelines). Thus, I would
affirm the Texas Medical Board’s final order.
__________________________________________
Melissa Goodwin, Justice
Before Justices Goodwin, Kelly, and Smith
Filed: June 11, 2021
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