Texas Medical Board Ignores Mandatory (DFPS) Reporting Laws – Dr. James Landero. The Texas Medical Board dismisses multiple actuations of medical violations – And completely IGNORES mandatory Texas Department of Family and Protective Services (DFPS).
IF a doctor fails to report suspicions of abuse, neglect and exploitation of children, adults with disabilities, or people 65 years or older – That’s an actual crime punishable by the Department of Justice.
Doctors are supposed to be advocates and care providers for their patients. So it is their core duty to make ensure the safety of vulnerable children and adults.
If a health care provider has any kind of reason to think that a child or at risk adult is possibly being abused – Texas Laws required that medical provider to contact the proper athourity to report their suspecions.
How Did The Texas Medical Board Make This Mistake?
Dr. James Landero was in this Medical Board Meeting on March 27, 2026 representing himself against some medical claims.
Dr. James Landero is accused of:
- Failure to obtain Patient’s medical history
- Failure to conduct an exam of Patient
- Failure obtain informed consent from Patient (including counseling Patient on the risk and benefits of undergoing a shave biopsy, prior to performing the shave biopsy
- Failure to notify Patient about the positive biopsy results in a timely manor
The Texas Medical Board was made aware that the patient in this complaint was a 97yr old female. There was a special statement acknowledging the patients advanced age and congnitive condition. The Medical Board was made very aware of the age of the patient.
Explaination From Dr. James Landero
- Complaint: Failure to obtain patients medical history
- Explaination: Dr. Landero explained that it is his clinic’s policy to take a new patient history when a patient hasn’t been seen for 3 years. This patient had a treatment gap of 2 years and 2 months between date being accused. Since the patient was seen 2 years and 2 months prior – he wasn’t required to get a new medical history.
- Complaint: Failure to conduct an exam of Patient
- Explaination: Dr. Landero explained that dermatologist do mostly visible exam with a glove. He said that even though he couldn’t remember exactly details that the patient was examed in about 15 – 20 minutes of the visit time. So it sounds like he was just saying what a typical exam would look like.
- Complaint: Failure obtain informed consent from Patient (including counseling Patient on the risk and benefits of undergoing a shave biopsy, prior to performing the shave biopsy
- Explaination: Dr. Landero said that “he did not recall getting Patient’s verbal consent for the shave biopsy on that day.” BUT he “testified that he is sure that he got censent because that is his practice.
- Complaint: Failure to notify Patient about the positive biopsy results in a timely manor
- Explaination: Dr. Ladero said that he told the Patient that she had skin cancer on the day of the shave biopsy 10/13/22. Dr. Landero said that he was certain that the biopsy would reveal skin cancer, so they scheduled surgery on the same day that the biopsy was taken. The skin cancer surgery was scheduled for November 2022. Dr. Landero obtained consent from the patients cardiologist to stop blood thinners before the Novenmber surgery. Dr. Landero said that he was certain that he informed the Patient that she had “basal cell carcinoma” because it was written as the differential diagnosis on 10/13/22. Dr. Landero said that he tried to contact patient by phone on 11/2/22, 11/3/22 – but the patient didn’t answer so a message was left. The Patient never showed up for her scheduled skin cancer surgery in November. Dr. Landero attempted to contact by phone again 1/18/23 and did not get an answer. A staff member noted that she was able to contact the patient or a caregiver in January 2023 to give the biopsy results again.
This Is Standard Medical Care From Dr. Landero
How Did The Entire Texas Medical Board Miss The Facts?
Lets go over who the patient is. This patient is a 97 yr old female that is being accompanied by adult family members. The reason why her adult family members are with her is because she is 97 yrs old and has issues with functioning alone.
Failure to obtain a recent medical history was his first mistake. He said that it had been over 2 years since the patients last visit. Surely when the patient was 95 yrs old, she likely had the same cognitive issues. She likely had a family member take her to previous appointments. So in this 2 years of time that passed – the patients care have likely changed. Its important for any doctor to go over medical history to update caregivers and any possible issues. She’s 97 years old and extremely vulnerable.
Failure to conduct an exam. Dr. Landero said that he usually does a quick 15 -20 exam before doing a shave biopsy. He doesn’t mention anything about getting weight or checking other areas of the patients body. He actually said that he had no specific memory of this patients exam, so he just went over what he usually does. Wonder if Dr. Landero knows he’s supposed to document stuff. A lot of my doctors have the dragon voice devices – maybe he should invest in one of those tools.
Failure obtain informed consent from Patient (including counseling Patient on the risk and benefits of undergoing a shave biopsy, prior to performing the shave biopsy. This is where it starts getting REAL. Dr Landero goes on and on about how he must have received a verbal concent, because that’s how he does things. Dr. Landero never said that the adult companion with the patient gave consent. Remember this patient is 97 yrs old with cognative issues due to her age. This woman is not legally able to consent to anything. She cant give verbal consent or written consent. Even if Dr. Landero recorded this patient saying that she wanted the biopsy – she can not legally consent to anything even on camera. So whatever consent he thinks he received – its INVALID because she cant give that consent. ALL consents for this patients care MUST be signed or verbalized by this patients legal caregiver. And since Dr. Landero said the patient consented – he did in fact perform that shave biopsy without consent.
Failure to notify Patient about the positive biopsy results in a timely manor. This crime against this patient is very sad to me. So Dr. Landero admits that he did a shave biopsy on 10/13/22 to confirm his suspicions of “basal cell carcinoma”. Dr. Landero admitted that this specific basal cell carcinoma was advanced enough that he could identify it just by looking at it. Since Dr. Landero was sure it was skin cancer, he scheduled a prompt November 2022 surgery because it was in the best interest of the patient to have the surgery. Dr. Landero’s office tried to contact the patient by phone on 11/2/22 and 11/3/22 but received no answer. The patient no showed to her own cancer surgery. Dr. Landero’s office tried to contacted the patient again by phone of 1/18/23 and received no response. Then he said that someone was able to contact a caregiver by phone in January 2023.
So why in the world would Dr. Landero NOT make an official report with local law enforcement on behalf of his elderly patient?
Doctors are required by Texas law to report possible neglect or abuse. Dr. Landero diagnosed the 97 yr old Patient with skin cancer. Then he scheduled this elderly patient to a medically important cancer surgery. The very moment that this Patient missed that surgery, Dr. Landero should have been making his report for suspected neglect or abuse.
This Patient had cancer and was being denied medical treatments by her caregiver.
The caregiver is responsible for getting the patient to medical appointments. Dr. Landero should have at minimum, called the local police and ask them to do a home visit to check on her. Dr. Landero was responsible for NOT taking action when he seen that his patient wasn’t being provided with medical care.
IF Dr. Landero reported his missing patient the minute she didn’t arrive to her cancer surgery – He would have legal doctuments from an outside agency, proving that he provided standard medical care within Texas Laws.