Court Cases

TMA Argues to Overturn Physician Dispensing Ban - 07/15/2021

Two Texas physicians are taking on the state’s general ban on physicians dispensing medications out of their offices, now with support from the Texas Medical Association for their argument that the prohibition does more to protect pharmacies than patient care.


Dispensing With Reason? Overturning State Ban on Providing Drugs From Physician Offices - 07/03/2021

Only a handful of states effectively ban physicians from dispensing medications out of their offices. Texas is one of them. Two Texas physicians have taken their case to the courts, arguing that the ban is unconstitutional because it does more to protect pharmacies than it does to protect patients. And TMA is lending its support to that argument.


Ruling Could Promote Frivolous Lawsuits, TMA Tells Texas Supreme Court - 06/13/2021

A recent appeals court decision could weaken a key piece of Texas’ 2003 medical liability reforms meant to cut frivolous lawsuits off at the head. In a friend-of-the-court brief filed last week, TMA and Texas Alliance for Patient Access (TAPA) tell the Texas Supreme Court that the law narrowly limits the amount of discovery – the exchange of information in a court case – before the person suing must produce an expert report. And there’s good reason for that, the groups say.  


Livelihood on the Line: Surgeon Sues Hospital over Alleged Disparagement, Malicious Peer Review - 06/10/2021

San Antonio cardiothoracic surgeon sues hospital over alleged disparagement, malicious peer. In less than two years, San Antonio cardiothoracic surgeon J. Marvin Smith III, MD, says his distinguished surgical career spanning about five decades was effectively wiped out.


Hospital Asks for Expedited Trial in Fort Worth Life-Sustaining Treatment Case - 04/30/2021

Believing that court-mandated, life-sustaining treatment is causing harm to a child in its care, Cook Children’s Medical Center in Fort Worth is attempting to resolve a highly publicized court case as quickly as possible.


Medicine Trains Its Sight on Scope Expansions - 04/01/2021

A court decision siding with chiropractors is the latest of many scope tests in the legislature and the law.


Outrageous Overreach Medicine Fights Broad Documentation Requests - 02/27/2021

When Andrew Indresano, MD, got a subpoena in January 2019, he found it “a little shocking” and “really invasive.” The Fort Worth orthopedic surgeon wasn’t even part of the personal-injury lawsuit for which he was being asked to produce a backward-looking swath of documents.


State Supreme Court Sides With Chiropractors on Neurological Test - 02/02/2021

The Texas Supreme Court has ruled that chiropractors can perform a diagnostic test used to evaluate a patient’s eye movements, a setback for medicine in a 10-year court battle.


Preserving Do No Harm: Supreme Court Tosses Challenge to Medical Ethics Committee Law - 10/13/2020

Twenty years after it took effect, Texas’ medical ethics committee review law has withstood challenge after challenge. The Texas Supreme Court is on the verge of ending the latest high-profile attack on the law that ensures physicians can uphold their professional obligation to “do no harm.” In October 2019, the state’s high court declined to take up Kelly v. Houston Methodist Hospital, in which the mother of a deceased patient attempted to overturn a provision of the Texas Advance Directives Act. Justices’ action leaves intact an appeals court decision that preserves physicians’ ability to use their medical judgment in end-of-life cases.


Dulling the Pain of Future Damages: High Court Ruling Addresses Periodic Payments - 09/02/2020

Texas Supreme Court decision carries new implications for periodic payment of future medical expenses.


Some Clarity, Some Fog: AG Opines on Physician-Optometrist Relationship - 07/01/2020

An opinion by the Texas attorney general will keep the Texas Optometry Board (TOB) from exerting influence over the practice of medicine – to a certain point.


Tort Reform on Trial: Houston Case Challenges Noneconomic Damage Cap - 06/01/2020

Houston case poses challenge to key tort reform limit on noneconomic damages.


“Absurd” Contract Dodge Rejected: Court Lets Cancer Center’s Debt-Collection Suit Proceed - 04/30/2020

Appeals court denies “free speech” challenge to cancer center’s debt-collection suit.


Finally Settled: Hospitals Settle Physician's Anti-Competition Lawsuit - 01/08/2020

A Laredo oncologist confidentially settled a years-long lawsuit involving a pair of hospitals he alleged mischaracterized a past legal misfortune to terminate his privileges and eliminate his clinic from competing with the facilities.


An Injury to Justice: Workers' Comp Disputes Could Tilt in Insurers' Favor - 01/02/2020

Medicine is working to upend a recent appeals court decision that threatens to give health plans an overwhelming advantage in fee disputes in workers compensation cases.


Easing the Pain? Opioid Settlement Brings Valuable Funding to Fight Crisis - 11/01/2019

September 2019 brought what could become a major victory for the state’s handling of opioid addiction. Drug-maker Purdue Pharma – which faced thousands of lawsuits from cities and states, including Texas, for its role in the national opioid crisis – announced it had agreed to a settlement with 24 state attorneys general and other plaintiffs. The maker of OxyContin and other pain drugs says the agreement will provide more than $10 billion to address the epidemic.


No Docs of All Trades: Ruling Reinforces Expert Witness Reforms - 09/26/2019

Before Texas’ landmark liability reforms passed in 2003, gray areas in the law often led to serious green for people who sued physicians.


Fighting Back: Practice Wins Court Battle Over Defamatory Online Reviews - 09/03/2019

One practice’s recent legal battle epitomizes physicians’ worst nightmares when it comes to online reviews. Here’s an extreme but glaring real world example, straight from the documents in a lawsuit that Austin Eye first filed in October 2017 over


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.