Rose•Walker, L.L.P.

04.09.2007

Dallas Jury Awards Doctor $6.3 Million in Lawsuit Against Physicians' Group

DALLAS – A Dallas County jury has ordered a physicians’ group serving Presbyterian Hospital to pay a local doctor $6.3 million in a defamation and breach of contract case.

Dr. Neal Fisher was a shareholder in Dallas-based Pinnacle Anesthesia Consultants, P.A., which provides obstetric anesthesiology services to Presbyterian Hospital. Although Pinnacle would advertise as being “in-network” for all major health care plans, it had in fact adopted a business plan of intentionally being “out-of-network” for its services. By billing out-of-network, Pinnacle collected higher revenues than it would have by matching patients with in-network doctors.

Dr. Fisher repeatedly voiced concerns about the practice. After this, Pinnacle accused him of abusing alcohol and drugs, and made false accusations about the doctor’s administrative and medical abilities. Pinnacle then fired Dr. Fisher even though it had no proof of the charges and in fact believed most of them to be false.

To prove the charges baseless, Dr. Fisher voluntarily submitted to drug and alcohol testing of samples of his blood and hair, through Presbyterian’s own Impaired Physician Program. Though Dr. Fisher passed every test, Pinnacle neither apologized nor offered him his job back. His lost job and damage to his reputation cost him millions in lost income.

“To see a doctor’s good name and livelihood damaged in this manner is stunning,” says Marty Rose of Rose•Walker,L.L.P., in Dallas, who represented Dr. Fisher at trial. “With the jury’s verdict, Dr. Fisher can begin the process of trying to rebuild his life and his practice, and we’re grateful for that.”

The trial was heard in Judge Carl Ginsberg’s 193rd Civil District Court in Dallas.

“The jury has spoken and has totally vindicated Dr. Fisher,” says Mike Richardson of Rose•Walker, L.L.P., who also represents Dr. Fisher. “I’m happy for him and his family, and his patients, who were harmed by all of this as well.”

Rose•Walker, L.L.P., is a premier trial law firm, focusing on complex civil litigation. The firm represents businesses and individuals, and its many major courtroom victories have helped Rose•Walker earn a national reputation for excellence.

To learn more about the firm, please visit www.rosewalker.com.

For more information on the case involving Dr. Fisher, please contact Mark Annick at 214.559.4630 (office), 214-213-1754 (mobile) or mark@legalpr.com.