02/05/2013    

IN THE COURTS

TX Podiatrists Prevail Against Hospital Which Tried to Restrict Ankle Privileges

Cory Brown, DPM and Martin V. Sloan, DPM were on the Hendrick Medical Center's medical staff. The medical center gave them notice that their podiatry privileges would be administratively reduced by eliminating all ankle privileges. The podiatrists sued and sought injunctive relief, and a temporary injunction was granted. The medical center filed a motion to dismiss under Tex. Civ. Prac. & Rem. Code Ann. § 74.351, but the trial court denied the motion. On appeal, the court affirmed.

For purposes of Tex. Civ. Prac. & Rem. Code Ann. § 74.001(a)(1), the claims of the podiatrists and the Texas Podiatric Medical Association did not involve treatment or care that was rendered to any patient. Instead, their claims related to a dispute with the medical center as to the scope of the podiatry practice. The elimination of ankle privileges was not an inseparable part of a patient's treatment of care, and thus the medical center's act of eliminating privileges was not directly related to healthcare. Quality of treatment was not at issue. The trial court therefore did not err in denying the medical center's motion to dismiss.

Source: Court of Appeals of Texas, Eleventh District