Court Cases

Medical Futility Law Sustained - 08/02/2019

Court tosses out challenge to ethics committee review of end-of-life care.


Final Verdict? Case Tests Court's Ability to Overturn a Jury Verdict - 08/02/2019

It was an overwhelming, 12-0 verdict – a jury’s unanimous rejection of a negligence case against a Laredo physician. Then, a judge took that decision away and ordered a new trial – not because of jury misconduct, or any procedural stumble that usually negates a court decision. It was taken away, essentially, because the judge said so.


The Meaning of Monthly: Court Ruling Offers Hope on Pain Clinic Registrations - 08/02/2019

Physicians can encounter a web of confusion and unfairness when it comes to navigating the Texas Medical Board (TMB). A Travis County district court has given Texas physicians clarity and hope when it comes to certain medical board investigations. The court’s decision, if it holds up, establishes an important precedent for when physicians are required to register their facility as a pain management clinic.


Setting the Record Straight: Supreme Court Curtails TMB for Over-Sanctioning Physician - 08/02/2019

Eight years ago, when he experienced a rare patient death, McAllen family physician Ruben Aleman, MD, signed the death certificate the way Texas physicians had been doing it for years, and the only way he knew how: using pen and paper. That resulted in the Texas Medical Board (TMB) not only coming after him, but accusing him of “unprofessional or dishonorable conduct that is likely to deceive or defraud the public” – words found in the state Medical Practice Act. The Texas Supreme Court recently decided that was an overreach for a physician who simply hadn’t signed up on the state’s electronic death registration system, which at the time was relatively new.


Breaking Up Is Hard to Do: Physicians Can Get Subpoenaed in Divorce Cases - 03/11/2019

Physicians subpoenaed to participate in a divorce case, whether to testify or simply to supply medical records to the court, could find themselves at the center of an acrimonious split. There are certain things they should know.


The Right to Fight: Attorney-Client Protections for Physicians and Other Professionals Under Threat - 03/05/2019

The Texas Medical Association is asking the Texas Supreme Court to make sure physicians can maintain the right to keep attorney-client communications private when doctors testify as experts in their own cases.


The Risk of Speaking Up - 02/04/2019

Whistleblowing may be ethical, but physician protections for it could stand to improve.


“A Threat to All Texas Physicians:” TMA Backs Surgeon in Defamation Suit - 01/02/2019

Miguel Gomez, MD’s well-publicized legal fight isn’t over yet. In its latest turn, the Texas Medical Association is still standing behind the surgeon as he fights to uphold a verdict against one of the state’s largest nonprofit hospital systems for defaming him.


Court Sides With Medical Examiner in Suit Over Autopsy - 12/21/2018

With the Texas Medical Association’s help, a Harris County medical examiner has won the latest battle in a lawsuit over an autopsy he performed following a woman’s 2007 shooting death.


Legal Examination: Case Tests Lawsuit Immunity For Medical Examiners - 12/21/2018

Case tests lawsuit immunity for medical examiners.


Office Cleaners Clean Up on Patient Files - 07/10/2018

Two Austin men now face federal prison sentences after pleading guilty to conspiracy to commit fraud, and two others are still wanted as part of an identity theft ring, according to a recent statement from the U.S. Attorney’s Office for the Western District of Texas. Their targets: patient files lifted when they worked for an office cleaning company that serviced medical practices.


High Court Decision in Nondisclosure Case A Win For Medicine - 06/20/2018

The Texas Supreme Court sided with the Texas Medical Association in a nondisclosure case that TMA warned would have significant, troubling implications had it gone the wrong way.


Fair Evaluations, No Witch Hunts - 01/31/2018

Physicians have greater protection against "sham" peer review thanks to a decision by the Texas Supreme Court. The decision will help physicians who believe business competitors or a hospital's administrators are using every means available to destroy their reputation.


TMA Fights for Physician Named in Civil Rights Suit - 05/15/2017

A civil rights ruling against a Houston physician exposes medical examiners and other government employed physicians to undue liability lawsuits, and should be overturned, according to a brief filed by TMA and other groups.