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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.

Doyle Dennis Avery LLP Trial Lawyers has filed an insurance bad faith suit under Arizona law in Maricopa County Superior Court against Ace American Insurance Company, Gallagher Bassett Services, Inc., and their adjusters.

The suit arises from Ace American and Gallagher Bassett’s wrongful handling of the Plaintiff’s workers’ compensation claim.  After a work injury at FedEx in May 2014, the Plaintiff was owed benefits due to serious shoulder and back injuries.  The case alleges that the Defendants wrongfully closed the injured worker’s claim based upon the misuse of the Independent Medical Exam (IME) process.  First, Defendants closed the claim based upon the report of Dr. Zoltan.  However, Dr. Zoltan’s opinions had already been rejected by the Industrial Commission of Arizona (ICA) in an Award that was entered in June 2016.  And then, recognizing this unreasonable and bad faith basis to close the claim, Defendants attempted to manufacture a new basis to deny the claim and sent the Plaintiff for an IME with Dr. Theiler.  Arizona law holds that insurers and adjusters may not use the IME process in bad faith.  The lawsuit alleges that the Defendants engaged in this conduct by using an already-rejected IME report and then using the IME process to generate another excuse to deny the insurance claim in bad faith.

It was only through proceedings before the Industrial Commission of Arizona and with the assistance of an attorney that Plaintiff was able to force Ace American and Gallagher Bassett to reverse their denial.  On March 6, 2018, the Industrial Commission of Arizona entered an award finding that Defendants’ closure of Plaintiff’s claim was unfounded and that Ms. Mable was entitled to the benefits that had been unreasonably denied by Defendants, including income benefits and disability benefits.  Nonetheless, Defendants’ bad faith conduct did not end there.  Defendants repeatedly refused to follow the orders of the Industrial Commission of Arizona and ignored multiple written communications and telephone calls to Defendants and their attorney asking them to honor the award and pay the owed benefits.  It was not until approximately 11 months later, on or about, February 5, 2019, that Defendants issued the payment.  Not surprisingly, the Industrial Commission of Arizona found that the Defendants had acted in bad faith and ordered payment of $8,251.81 as a penalty.  However, the suit further alleges that the Defendants have continued their bad faith conduct and refused to pay the bad faith penalty that was ordered by the Industrial Commission of Arizona.

Plaintiff’s suit alleges that this conduct amounts to a breach of the duty of good faith and fair dealing under Arizona law.

Doyle Dennis Avery LLP Trial Lawyers is a firm that focuses its practice on holding insurance companies responsible for wrongfully withholding benefits and engaging in bad faith conduct.  If you or a family member need advice on the wrongful handling of your insurance claim, Doyle Dennis Avery LLP ’s lawyers are available to discuss your claim at no cost to you.