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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 15-25-00023-CV
Regular Panel Decision
May 05, 2025

The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11

This case involves an appeal by the State of Texas against the denial of its plea to the jurisdiction and plea in abatement. The State, as appellant, initially sued Dr. May C. Lau in Collin County, alleging violations of SB 14 and the Texas Deceptive Trade Practices Act, and issued subpoenas in Dallas County to obtain medical records of 21 nonparty patients. The appellees, eleven nonparty patients, challenged these subpoenas in Dallas County, asserting physician-patient and mental health information privileges under Texas Rules of Civil Procedure 176.6(e) and 192.6(a). The State argues that sovereign immunity prevents the Dallas County court from hearing these challenges and that the only proper forum is Collin County. The appellees contend that the Texas Supreme Court precedent dictates that rules of civil procedure apply to the State unless explicitly carved out, and that common law principles of sovereign immunity do not extend to discovery disputes.

Sovereign ImmunityDiscovery DisputeSubpoena ChallengeMedical RecordsPatient PrivilegeMental Health PrivilegeRules of Civil ProcedureRules of EvidenceAppellate LawPlea to Jurisdiction
References
191
Case No. MISSING
Regular Panel Decision

Wade v. Vabnick-Wener

The plaintiff, Ella G. Alexander Wade, filed a medical malpractice lawsuit against Dr. Felice A. Vabnick-Wener in federal court, alleging negligence during her husband's heart surgery in 2002 led to his death. Dr. Vabnick sought a protective order to allow her attorneys, Domico Kyle, PLLC, to represent non-party physicians Dr. Jeffrey Williams and Dr. Anant Shah for depositions and trial testimony. Wade opposed, citing Tennessee's implied covenant of physician-patient confidentiality which prohibits ex parte communications with treating physicians. The court, applying Tennessee law, found that while state law is more stringent than HIPAA regarding such communications, the covenant does not apply to Dr. Williams as he did not render medical treatment to the patient. Furthermore, the court ruled that Dr. Shah has the right to choose his attorney, thus allowing Domico Kyle to represent both physicians, provided no ethical conflicts arise. Therefore, the court granted Dr. Vabnick's motion for a protective order.

Physician-Patient ConfidentialityEx Parte CommunicationsMedical MalpracticeProtective OrderHIPAA PreemptionDiversity JurisdictionChoice of LawWrongful DeathAttorney-Client PrivilegeTreating Physician
References
35
Case No. MISSING
Regular Panel Decision

Aufrichtig v. Lowell

The case concerns a lawsuit filed by Burton and Janette Aufrichtig against Dr. Bruce K. Lowell, Janette's treating physician. The Aufrichtigs alleged that Dr. Lowell provided false sworn testimony and an affidavit to Hartford Insurance Company regarding Janette's medical condition and need for skilled nursing care during a prior federal lawsuit for insurance benefits. This false information allegedly compelled the Aufrichtigs to settle their claim for fewer benefits. The Court of Appeals considered whether a treating physician has a duty to provide truthful information to a patient's insurer, particularly under oath. The Court held that such a duty exists as part of the physician-patient confidential relationship and reversed the lower court's grant of summary judgment to Dr. Lowell, finding that factual issues remained.

physician-patient relationshipduty of caretruthful testimonysummary judgmentinsurance benefitsmedical malpracticefiduciary dutyCPLREducation Lawmultiple sclerosis
References
4
Case No. MISSING
Regular Panel Decision

McBarnette v. Feldman

This case addresses proceedings initiated by the New York Attorney-General on behalf of the Department of Health (DOH) and by an individual patient, Gail Eileen Strouse, following the death of Dr. Philip Feldman, a dentist who succumbed to AIDS. The DOH sought to compel the administrator of Dr. Feldman's estate to release patient records for an epidemiological study into potential HIV transmission, a request the estate opposed citing physician-patient privilege and confidentiality laws. The court granted the DOH's motion, ruling that public health interests and DOH's statutory authority for investigations supersede these objections, with assurances of confidentiality for the data. Concurrently, Ms. Strouse's attempts to intervene in the DOH action, consolidate her separate tort claim against the estate, and certify it as a class action were all denied, as her individual claims and proof requirements were deemed distinct and unsuitable for such treatment.

Public Health LawHIV/AIDS ConfidentialityPhysician-Patient PrivilegeSubpoena Duces TecumEpidemiological StudyClass Action DenialCase Consolidation DenialInfected Healthcare WorkerMedical Records AccessPatient Data Disclosure
References
23
Case No. 533089
Regular Panel Decision
Oct 07, 2021

Matter of Barden v. General Physicians PC

Claimant, a patient services representative, sought to amend her workers' compensation claim to include left shoulder aggravation after a work-related injury to her right shoulder. The Workers' Compensation Board disallowed this request, finding that claimant failed to provide sufficient credible medical evidence to establish a causal relationship between her employment and the left shoulder condition. The Appellate Division, Third Department, affirmed the Board's decision. The court noted that the claimant's treating physician opined the left shoulder pathology was largely preexisting and unrelated to the work injury, and other medical opinions either lacked sufficient weight or were based on inaccurate information, providing no basis to disturb the Board's finding.

Workers' CompensationShoulder InjuryCausationMedical EvidencePreexisting ConditionAppellate ReviewBoard DecisionClaim AmendmentPatient Services Representative
References
10
Case No. M2007-01817-SC-R10-WC
Regular Panel Decision
Jun 17, 2008

Billy Overstreet v. TRW Commercial Steering Division - Concurring

This concurring opinion addresses the legality of ex parte communications between employers or their attorneys and employees' treating physicians in Workers' Compensation cases. Justice William C. Koch, Jr. concurs with the Court's conclusion that such communications are prohibited. He bases his reasoning on the inherent fiduciary duty of confidentiality within the physician-patient relationship, rather than an implied contract theory. The opinion outlines specific statutory exceptions that allow employers access to certain medical reports but asserts these do not permit direct, unauthorized discussions, reinforcing the patient's right to privacy.

Workers' CompensationPhysician-Patient ConfidentialityEx Parte CommunicationsFiduciary DutyImplied ContractMedical RecordsDisclosureStatutory ExceptionsHIPAATennessee Supreme Court
References
35
Case No. 01-14-00767-CV
Regular Panel Decision

Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians

This is a health care liability appeal where Shirley Lenoir and Christopher McKnight, individually and as representatives of the Estate of Shana Lenoir and Nayla McKnight, challenge the trial court's decision to grant U.T. Physicians' plea to the jurisdiction and motion to dismiss. The appellants allege that U.T. Physicians' negligence in treating Shana Lenoir’s twin pregnancy, specifically the administration of a medically unnecessary and contraindicated progesterone injection by Nurse Matthews, proximately caused her death. U.T. Physicians claimed sovereign immunity as a governmental unit. Appellants argue that U.T. Physicians is a private non-profit corporation and an independent contractor, not entitled to sovereign immunity, and that a waiver of immunity under the Texas Tort Claims Act was sufficiently pled due to the use of tangible physical property.

Sovereign ImmunityGovernmental UnitIndependent ContractorTexas Tort Claims ActHealth Care LiabilityMedical MalpracticeNegligenceProgesterone InjectionTwin PregnancyWrongful Death
References
16
Case No. MISSING
Regular Panel Decision

People v. Easter

This case involves a defendant's motion to dismiss an indictment on grounds of insufficient evidence before the Grand Jury, selective enforcement, and in the interest of justice. The core issue revolves around the admissibility of privileged communications, specifically social worker-client, physician-patient, and husband-wife privileges, presented to the Grand Jury. The defendant is accused of child abuse against his three-month-old son, Jason, who sustained a fractured skull, ribs, and other injuries. The court found that the physician-patient privilege was waived under CPLR 4504(b) due to child abuse. The husband-wife privilege did not apply to Mrs. Easter's testimony as it was not a confidential marital communication. Crucially, the court determined that the child, Jason, was the "client" of the social workers under CPLR 4508(3), thus allowing their testimony regarding the defendant's admissions of harming the child. Consequently, the social workers' testimony was deemed competent and properly considered by the Grand Jury. The court also rejected the argument for Miranda warnings, stating the defendant was not in custody. The motion to dismiss the indictment based on insufficiency of evidence was denied.

Motion to Dismiss IndictmentGrand Jury Evidence SufficiencyPrivileged Communications AdmissibilitySocial Worker-Client Privilege ExceptionChild Abuse ProceedingsPhysician-Patient PrivilegeHusband-Wife Privilege ScopeMiranda RightsCPLR 4508 Child ClientCriminal Procedure Law
References
6
Case No. MISSING
Regular Panel Decision

Billy Overstreet v. TRW Commercial Steering Division

This concurring opinion by Judge William C. Koch, Jr. addresses the legal basis for prohibiting ex parte communications between an employer's counsel and an employee's treating physician in a Workers' Compensation Act claim. While the Court's main conclusion relies on an implied-in-law contract theory, Judge Koch advocates for a fiduciary duty stemming from the physician-patient relationship. He clarifies that physicians have a duty of non-disclosure, subject to statutory exceptions for workers' compensation reports, but these exceptions do not permit ex parte communications. The opinion asserts that employees retain their medical privacy unless explicitly altered by law.

Physician-patient privilegeConfidentialityEx parte communicationWorkers' CompensationFiduciary dutyImplied contractMedical records disclosureHIPAALegal ethicsPatient rights
References
34
Case No. MISSING
Regular Panel Decision

Ellis v. Peter

This case addresses whether a physician owes a duty of care which extends to a patient's spouse who contracts tuberculosis due to the physician's alleged negligent failure to properly diagnose the disease in the patient. The plaintiffs, John and Joan Ellis, sued Dr. Sebastian A. Peter for medical malpractice. The wife, Joan Ellis, alleged negligence for failure to warn her about her husband's infectious condition. The court held that New York State law does not impose a statutory or common-law duty upon a physician for the benefit of those who may contract such a disease from the patient, as a physician's duty is ordinarily owed to the patient, not the community at large. Therefore, the order was reversed, the plaintiffs' motion to strike defenses was denied, and the defendant's cross-motion to dismiss the wife's second and fourth causes of action was granted.

medical malpracticephysician's duty of carenegligencecommunicable diseasetuberculosisforeseeabilitystatutory dutycommon lawpatient spousezone of risk
References
21
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