Category Archives: Firm News

Doyle Dennis Avery LLP has secured a major victory in its ongoing case against Memorial Hermann Health System arising from defamation, business disparagement, and tortious interference that harmed a Houston, Texas cardiothoracic surgeon.  On August 15, 2019, the Court of Appeals for the First District of Texas issued an opinion rejecting Memorial Hermann’s effort to overturn the jury’s $6.3 million verdict and the 333^rd District Court of Harris County’s Final Judgment

In a 67-page unanimous opinion, drafted by Justice Evelyn V. Keyes, the First Court of Appeals conducted a detailed review of the factual and legal arguments made by Memorial Hermann in an attempt to overturn the jury’s verdict.  The First Court of Appeals’ opinion overruled every single appellate point raised by Memorial Hermann.  Among other evidence relied upon by the First Court of Appeals was the testimony of multiple other physicians, including one physician who called Memorial Hermann’s actions “atrocious, damaging, [and] way over the line.”  The Court concluded by stating, “We affirm the judgment of the trial court.”

A copy of the Court’s full opinion is available at:  http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=f7fe57f6-0391-4b37-b4a1-ef46644e7356&MediaID=47305d53-844c-4dd0-b931-46e58546e260&coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&DT=Opinion

The First Court of Appeals Opinion is a significant victory in Doyle Dennis Avery LLP ’s ongoing fight against Memorial Hermann.  However, it does not necessarily end the case because Memorial Hermann is legally permitted to appeal further, including to the Supreme Court of Texas.  Doyle Dennis Avery LLP ’s attorneys are proud to continue in their fight to allow their client to rebuild his reputation.  If you have suffered from defamation by a hospital system or misuse of a hospital peer review process, Doyle Dennis Avery LLP ’s attorneys stand ready to assist in evaluating your potential claim.

An appeals court upheld a Harris County upheld jury verdict awarding a $6.4 million in damages to a well-regarded Houston heart surgeon who successfully claimed that Memorial Hermann Health System defamed his reputation in an effort to protect its business from other hospitals and competitors.

In a case closely watched in the medical community, the Court of Appeals for the First District of Texas recently let stand the 2017 jury verdict that found Memorial Hermann acted with malice by making false statements about the surgical competence of Dr. Miguel Gomez III.

Gomez claimed he was a star at Memorial Hermann hospital until he decided to shift his lucrative practice to Houston Methodist West. He sued Memorial Hermann seven years ago, contending the hospital launched a “whisper campaign” to smear his reputation to keep patients from following him to Methodist.

The case opened a window on the fierce battle among hospitals for market share and the lengths to which hospitals may go to protect their turf. Independent physicians with admitting privileges are vital to hospitals because they provide a steady stream of patients, and specialists such as Gomez, who perform procedures with high profit margins, are seen as particularly valuable. Hospitals fight hard to hold onto their top performers.

The Houston Police Officers Union is no longer paying for the legal representation of a former narcotics officer charged with felony murder in connection with a botched drug raid that left two people dead earlier this year.

Union officials on Tuesday confirmed the organization decided last week to stop paying the legal fees for the former police veteran, Gerald Goines, but declined to elaborate. Goines was charged with two counts of felony murder because the deaths occurred in the course of another alleged felony, tampering with a government record, stemming from the providing of false information to a magistrate in order to secure the warrant for the raid.

Relatives of a woman killed in a botched police raid in January accused Houston city officials in a court filing this week of slow-walking the legal process in order to avoid a deeper investigation and to stymie the family’s efforts to sue.

The move came months after Mike Doyle, an attorney for the family of Rhogena Nicholas, asked a local court for permission to gather information and testimony from police in order to consider the possibility of a civil lawsuit.

Doyle Dennis Avery LLP has filed suit on behalf of a Texas doctor against Baylor Scott & White Health alleging breach of contract, violations of the Texas Health and Safety Code, for his wrongful termination by the hospital system.  The suit was filed in Dallas County District Court, in Dallas, Texas.

In the suit, Doyle Dennis Avery LLP has alleged that its client essentially was a whistleblower regarding unsafe practices that were occurring at the Baylor Scott & White Medical Center – Hilcrest.  For example, Doyle Dennis Avery LLP ’s physician client routinely raised serious concerns about about: (1) extremely cold operating rooms in the ambulatory surgery center, (2) dangerously sharp metal operating room doors in the ambulatory surgery center, (3) lack of safety straps to secure patients to operating tables, (4) lack of fire extinguishers, (5) use of dangerous cleaning chemicals, (6) lack of computers, (7) non-English anesthesia consent forms, (8) lack of training on newly implemented pain medication protocols, and (9) lack of prompt communication about medical procedures.

The suit further alleges that its client and other physicians who raised similar concerns clashed with hospital administration over the need to remedy issues involving patient safety.  As a result, these doctors, including Doyle Dennis Avery LLP ’s client, suffered from retaliation.  Specifically, Doyle Dennis Avery LLP ’s client was placed on leave, without the option to return, and ordered to sign a performance improvement plan.  In retaliation, the suit states, the hospital ultimately terminated the physician, but failed to follow specific requirements that were required of Baylor, including the Medical Staff Peer Review process.

As a result, the suit seeks damages, including damage to the physician’s reputation, lost earning capacity in the future, past lost wages, and mental anguish.  Doyle Dennis Avery LLP ’s attorneys have experience in representing physicians, doctors, and nurses in this specific area of retaliation, defamation, and violations of the Texas Health and Safety Code.  If you feel that you have been the victim of retaliator conduct or termination, Doyle Dennis Avery LLP ’s attorneys stand ready to complete a no-cost analysis of your claim to determine your rights under Texas law.