AUSTIN – The case against San Angelo Community Medical Center (SACMC) will continue after an appeals court reversed a lower court’s order granting summary judgment in favor of medical center accused of creating a monopoly.
In a May 31 ruling filed in Texas Court of Appeals for the 3rd District at Austin, Justice Cindy Olson Bourland affirmed in part and denied in part the trial court’s ruling. Bourland affirmed the court’s order dismissing claims brought by Steve. F. Montoya Jr. MD, against Kirk Brewer, MD. But the judge reversed an order granting summary judgment to SACMC and remanded the issue back to the trial court.
The case stems from a lawsuit Montoya, West Texas Renal Care and West Texas Nephrology filed against Brewer and SACMC. The suit contained allegations of business disparagement, defamation, civil conspiracy, improper restraint of trade under the Texas Free Enterprise and Antitrust Act (TFEAA) of 1983, tortious interference with current and prospective business relations.
According to the opinion, Montoya was admitted to practice nephrology at SACMC in 1981, where he maintained full staff privileges. In 2006, SACMC reportedly “created its own group of doctors owned by the hospital in both hospitalist groups and in a group named Community Medical Associates,” the opinion states.
Brewer joined SACMC in 2007 as chief of the medical staff and head of the hospitalist group.
"A substantial part of Montoya’s practice was obtaining new patients and treating existing patients who came to the emergency room and needed a nephrologist," according to the opinion. "Prior to 2007, Montoya 'received patients with kidney [issues] until SACMC created its own practice groups.'"
But that allegedly changed when the defendants “decided to then have a covert whisper campaign and not refer any patients to Montoya,” the opinion states.
“Two patients with whom Montoya had an existing patient-physician relationship requested Montoya upon their admission to the emergency room, but SACMC staff would not call Montoya to treat those patients,” the opinion said.
Brewer filed motions to dismiss, which the trial court granted. SACMC then filed a motion for summary judgment, which was also granted. Montoya appealed.