Tuesday, December 7, 2010
The U.S. Court of Appeals for the Fifth Circuit has ruled against the Texas Medical Board
The U.S. Court of Appeals for the Fifth Circuit has ruled against the Texas Medical Board (TMB), allowing landmark litigation by the Association of American Physicians and Surgeon to proceed to prove wrongdoing by the Board. In this important ruling the court has found that the Texas Medical Board has had claims of "pervasive and continuing violations of... constitutional rights" by the TMB, the Court expressly noted allegations that "the Board manipulated anonymous complaints," that the former Board president targeted physicians, and that "anonymous complaints allegedly were filed by a New York insurance company seeking to avoid paying... for claims." The case brought by AAPS means that allegations against the Texas Medical Board regarding bad faith administrative actions against physicians in Texas will no longer be able to be concealed and hopefully the transparency brought by discovery on this case will bring to light the truth behind the claims of wrongdoing against physicians.