Litigation: Patient's Suit against a Physician Practice for Forcible Removal by Police May Proceed, Texas Court Rules

April 18, 2018 | Risk Management News

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‚ÄčA Texas appeals court has allowed a patient's lawsuit for negligence, defamation, and numerous other charges to proceed against a primary care physician practice and the practice's administrator, who was the physician's wife. In her lawsuit, the patient described a series of interactions between the parties that allegedly escalated such that the practice called the police, asking them to arrest the patient for trespassing. The police escorted the patient off the premises, after the practice administrator told them the patient had "mental issues." The defendants appealed from a lower court's order denying their motion for summary judgment.

The plaintiff suffered from rheumatoid arthritis and received treatments for pain every six months from a rheumatologist. The treatments sometimes required prior authorization from her primary care physician. Starting in November 2012, the primary care physician refused at several patient visits to authorize...

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