State judge clears former Lakeway doctor of wrongdoing

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LAKEWAY — (KXAN) A state judge denied a request from the Texas Medical Board to sanction a former Lakeway neurologist, saying there is not sufficient evidence to suggest he engaged in inappropriate behavior with female patients.

The judge’s proposal for decision, issued Friday by the State Office of Administrative Hearings cleared Dr. Robert Wayne Van Boven, a former doctor at Lakeway Regional Medical Center, of any wrongdoing following allegations of inappropriate conduct in 2014 and 2015. The board declined to comment Monday, saying the case is still pending.

The Texas Medical Board sought to sanction Boven, alleging he violated medical doctor standards. Administrative Law Judge Hunter Burkhalter’s proposal for decision was in the doctor’s favor. In that decision, Burkhalter wrote that the board failed to prove any wrongdoing.

Female witnesses who testified during the hearing said they’ve worked closely alongside Van Boven and never saw him act sexually inappropriate. Burkhalter also noted Van Boven has been practicing medicine for 27 years “without any complaints of a sexual nature.”

The board’s unsubstantiated claims stem from three unrelated instances, two of which allege Van Boven make inappropriate sexual contact and comments toward different patients in April 2015 and May 2015. The third alleges Van Boven was unprofessional when comforting a family member of a patient in October 2014.

As a result of those allegations, the board held a disciplinary panel on Feb. 29, 2016, and temporarily restricted Van Boven from practicing medicine on female patients. The board said Monday there has not been a change to Van Boven’s license status since March.

More than a year later, in May of this year, over a dozen witnesses took the stand during the state hearing. The witnesses include medical professionals who interacted with Van Boven as well as testimony from the patients who brought forth the allegations.

Van Boven currently has an active medical license, according to the Texas Medical Board’s website.

On Sept. 1, Van Boven submitted an amended petition to a lawsuit he filed against Lakeway in August 2015 in a Travis County District Court. In the amended petition, Van Boven accuses the hospital of “aggressive retaliatory actions,” alleging they issued a no-trespass order after he made external complaints to accreditation and regulatory agencies.

Baylor Scott & White, which bought and renamed Lakeway in 2016, is also named as a defendant in the lawsuit. A spokesperson for the hospital declined to comment, citing the pending litigation.

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