Category Archives: Medical defamation

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.

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.