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The Doctor’s Advocate Blog

Articles: 1-10 of 15

Jury Finds against Hospital in “Sham Peer Review” Case (Updated)

USA - February 12 2018 A federal court jury in South Dakota awarded a surgeon in excess of $1.1 million in damages for breach of contract. The surgeon, Dr. Linda Miller…

Texas Citizens Participation Act Bars Physicians “Sham” Peer Review Claims

USA - October 10 2017 Last week, the Thirteenth District Court of Appeals in Corpus Christi-Edinburg dealt another blow to peer review in Texas. The Court dismissed a…

Houston Physician Wins Defamation Suit in Connection with Peer Review

USA - March 30 2017 Dr. Miguel Gomez is a thoracic and vascular surgeon in Houston. In 2012, he filed suit against Memorial Hermann Hospital System and certain individual…

Part 3 of 3: The Telemedicine Debate in Texas: Federal Judge Halts the TMB’s Revised Rule

USA - January 25 2017 In December of 2015, federal Judge Robert L. Pitman declined to dismiss Teladoc’s antitrust suit, holding that the TMB was not immune (as it had…

Part 2 of 3: The Telemedicine Debate in Texas: Teladoc Sues in Federal Court

USA - January 16 2017 The rule issued by the Texas Medical Board requiring physicians to conduct a face-to-face or in-person visit with a patient in order to establish a…

Part 1 of 3: The Telemedicine Debate in Texas: Teladoc in the Spotlight

USA - January 9 2017 Telemedicine will no doubt make an impact on the way health care is delivered in Texas, as well as in the rest of the country. Teladoc, a Dallas-based…

TMB Drops Appeal of Antitrust Challenge to Telemedicine Limits

USA - October 20 2016 In a surprising move on Monday, the Texas Medical Board (TMB) voluntarily dismissed its appeal to the Fifth Circuit in the antitrust challenge brought…

Physician employment and non-competes part 4

USA - November 11 2015 Even more disconcerting, there is a Texas case that supports an argument that the "buy-out" option may actually be turned into a penalty that must be…

Physician employment and non-competes part 3

USA - October 28 2015 The “buy-out” price of the non-compete can be unilaterally set by the employer in the contract, and thus typically bear no real relationship to the…

Physician employment and non-competes part 2

USA - October 14 2015 LThe specific requirements of the statute (Section 15.50(a) of the Texas Business Code) appear to provide a blueprint for employers, and they are…