Medical Center countersues physician

David Yates Apr. 20, 2011, 6:57am


In December, the Southeast Texas Record reported that Dr. Saeed Ally filed suit against the Medical Center of Southeast Texas, claiming the facility permitted a fellow physician, Dr. Otto Miller, to continuously harass him.

On Feb. 9 the Medical Center filed a counterclaim, arguing Dr. Ally brought his claims to the wrong forum.

In its counterclaim, the Medical Center is requesting the court to abate the case and order the parties into arbitration, since Dr. Ally consented to arbitration when he signed his employment contract on June 20, 2008.

The Medical Center's lawsuit alleges Dr. Miller committed violations of the Health Insurance Portability and Accountability Act by engaging in a pattern of malicious activity against Dr. Ally and a nurse.

Allegedly, Dr. Miller harassed the two by reporting their behavior to the Texas Medical Board, exposing the nurse's medical history in the process.

In his suit, Dr. Ally claims the Medical Center should have stopped Dr. Miller and is suing the organization for past and future lost earnings.

Beaumont attorney John Morgan represents Dr. Ally.

The Medical Center is represented in part by Houston attorney David Bernsen.

Judge Bob Wortham, 58th District Court, was originally assigned to the case but proceedings were transferred Jan. 27 to Judge Shuffield's 136th District Court.

Case No. A189-012

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