Breach of By Laws Sham Peer Review

Doyle Dennis Avery LLP represents doctors who have been targeted with a sham peer review and had their privileges revoked, suspended, or terminated under the Hospital by-laws.  Doyle Dennis Avery LLP represents physicians in claims for a breach of contract or breach of by-laws, along with any other potential claims, including defamation, tortious interference, or violations of Texas statutory laws.

Who is protected?

Generally, doctors or physicians who are maintain privileges may have a right under Texas law to file a claim for breach of contract, if the hospital has violated their procedural or substantive rights under the by-laws. Gonzalez v. San Jacinto Methodist Hospital, 880 S.W.2d 436, 439 (Tex. App. Texarkana 1994).

What is a breach of contract?

Generally, a doctor has a right to the procedural protections, including hearings rights, notice, and other protections under the by-laws.  In addition, a physician may also be able to substantively challenge the hospitals actions under the terms of the by-laws.

What other claims are available?

A doctor who has had their privileges wrongfully revoked or suspended, may have other causes of actions available, including tortious interference, defamation, and Texas Health and Safety Code § 161.135.

What are the deadlines for filing a wrongful termination or retaliation claim?

Each contract or claim may maintain different time periods for filing a cause of action or challenging a finding.  Generally, these causes of action may range from 2 years to 4 years.

What Damages are available?

A doctor may be able recover contractual damages, including damages for lost profits, lost wages, attorney’s fees, and declaratory or injunctive relief.