Dallas County Medical Society v. Ubinas-Brache,

Dallas County Medical Society v. Ubinas-Brache,
No. 05-97-00027-CV (Tex. Ct. App. Feb. 7, 2001)

The physician was a member
of the Dallas County Medical Society (DCMS), a private nonprofit organization
in which membership is voluntary. By joining the organization, he agreed to
be bound by its disciplinary procedures. After several fee-related patient complaints
and a hearing on those complaints, the Society’s board of directors voted to
expel him from the organization. He appealed to the Texas Medical Association’s
(TMA) Board of Councilors and the American Medical Society’s Council on Ethical
and Judicial Affairs, both of which affirmed the expulsion. The physician then
filed suit alleging he was denied due process under the disciplinary procedures
of the DCMS. A jury agreed and the trial court entered a judgment enjoining
the DCMS from expelling him from the organization. The DCMS and the TMA appealed,
arguing that this was a peer review action and as such they were immune from
suit under the Medical Practice Act.

The Court of Appeals of Texas reversed the
judgment of the trial court. The court found that in order for relief to be
granted the physician had the burden of showing malice on the part of the DCMS
and the TMA. However, the court noted, the physician did not plead malice in the
peer review process.

The court also disagreed with the physician’s
argument that enforcing the immunity provision was a violation of the “open
courts” provision of the Texas Constitution. The court found that the
“open courts” provision restricts the ability of the legislature to
withdraw all legal remedies from one having a cause of action in the common law,
but that courts traditionally have not interfered with the internal management
of voluntary organizations.