Gaskill v. VHS San Antonio Partners (Summary)

MEDICAL STAFF PRIVILEGE ACTIONS

Gaskill v. VHS San Antonio Partners, No. 04-14-00153-CV (Tex. App. Dec. 17, 2014)

The Court of Appeals of Texas reversed a trial court’s dismissal of a physician’s lawsuit challenging the suspension of his privileges. The physician sued the hospital after the hospital issued a formal “Notice of Involuntary Reduction of Medical Staff Privileges” against him, which left him unable to work at any hospital. The physician requested a hearing, but the parties ultimately decided to mediate the dispute by sending several of the physician’s cases to external review. After the external review concluded that there had been no deviation from the standard of care, the physician’s privileges were fully restored; however, he then sued the hospital for breach of contract, defamation, business disparagement, and intentional infliction of emotional distress, alleging that the suspension had damaged his business and his reputation.

In the trial court, the hospital system filed a motion to dismiss, arguing that the physician’s claims had no basis in law. The trial court agreed, granting the motion and awarding the hospital $8,320.50 in attorney’s fees. The physician appealed, arguing that this dismissal had been improper because he was not given adequate notice of the upcoming motion to dismiss.

The appellate court agreed. It explained that under the Texas Rules of Civil Procedure, the physician was entitled to at least 14 days’ notice of the hearing on the motion to dismiss. In this instance, the hearing was held without giving any formal prior notice of the date and time of the hearing to the physician. Consequently, the physician was deprived of his due process rights to respond to the motion to dismiss. The appellate court reversed the trial court’s dismissal and remanded for further proceedings.