AAPI, and others that can truly make an impact by highlighting this type of injustice at public hospitals so that oth- ers may avoid similar situations. We are also most grateful that these organiza- tions have put forth the time and effort to file supporting briefs in the appellate court on our behalf,” he said.
Hospital, physician interests don’t align Dr. Gaalla describes CMC’s treatment of him and his two colleagues as hurtful. He says that CMC employees refused to call them when their patients asked for them at CMC’s emergency department, leaving the patients perplexed. “Knowing that your own county hos- pital administration does not want phy- sicians of certain nationalities at the hospital is difficult. However, the most important concern is that these actions compromise our patients’ care,” he said. The plaintiff physicians obtained a temporary injunction that prevented CMC from implementing its resolution. CMC appealed, and the Fifth Circuit re- versed the lower court ruling. A second CMC appeal in Brown v.
Gaalla asked for summary judgment on the basis of governmental immunity. The court denied the motion, in part, finding evidence of ethnic discrimination. The evidence included a 2007 memo
from the CMC chief executive officer stating, “I feel a sense of disgust but am more concerned with what this means to the future of the hospital as more of our Middle Eastern born physicians demand leadership roles and demand influence over situations that are hospital issues. … [This] will change the entire complexion of the hospital and create a level of fear among our employees.” Austin attorney Monte James, JD, of Jackson Walker LLP, represents the physi- cians in the case.
Legal articles in Texas Medicine are intended to help physicians understand the law by providing legal information on selected topics. These articles are published with the understanding that TMA is not engaged in providing legal advice. When dealing with specific legal matters, readers should seek assistance from their attorneys.
Litigation Center stands up for physicians, medicine
Stephen R. Permut, MD, a Delaware family physician on the Ameri- can Medical Association Board of Trustees, is a member of the Liti- gation Center of the American Medical Association and State Medi- cal Societies Executive Committee. He says the Litigation Center learns of legal cases by contact from patients, physicians, and state or specialty medical societies, as well as national media attention. “The AMA’s Litigation Center can bring considerable financial
resources and legal expertise to bear through the strength of all the state medical organizations it collaborates with across the country,” he said. Since the center’s inception in 1995, it has participated in nearly 200 cases by providing physicians with legal assistance and exper- tise. All 50 state medical societies and the Medical Society of the District of Columbia are members. The Litigation Center’s docket of cases includes physician pay-
ment problems, medical staff privileges, medical liability issues, peer review, and scope-of-practice matters, among other topics. Forums range from administrative proceedings to cases before the U.S. Su- preme Court. At any given time, the Litigation Center has about 25 active cases. Generally, the Litigation Center acts in three types of cases:
1. A dispute of general interest to the medical community in which a physician or group of physicians confronts an adversary with substantially greater resources, such as health care payment plans, hospitals, and governmental bodies;
2. A lawsuit by a state or specialty medical society that may be of particular interest within that state or for a limited area of medi- cal practice, such as cases concerning insurance industry prac- tices, governmental funding or regulation, or scope of practice; or
3. A lawsuit, generally at the appellate level, that could establish an important legal precedent.
Additional selection criteria may include whether the legal issues
extend or clarify the case law on a matter of interest to physicians generally; the precedential value of the case; or the likelihood of succeeding on the merits of the case. For more information about the Litigation Center, visit
www.ama-
assn.org/go/litigationcenter. To inquire about whether AMA would consider getting involved in a case, call (312) 464-4110.
October 2011 TEXAS MEDICINE 47
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