Court Upholds $1.37M Award to Texas Facilities

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Plastic surgeon sanctioned for attorneys' fees following unsuccessful defamation suit.


Plastic surgeon Rahul K. Nath, MD, sued Texas Children's Hospital and Baylor College of Medicine for defaming his character and inflicting emotional distress. The Texas court system rejected his claims, however, leaving him on the hook for $1.37 million in attorneys' fees.

In a lawsuit filed in February 2006, Dr. Nath claimed the 2 institutions interfered with his business and defamed his reputation through false statements, including allegations that Baylor had fired him; that he operated unnecessarily; that he lacked qualifications; that he was being investigated by law enforcement; and that he didn't comply with professional ethics.

Dr. Nath repeatedly amended his lawsuit over the next several years to include claims that the institutions' training and supervision were negligent and that they'd made false statements about the conditions of his departure.

He also argued that their alleged defamation was retaliation for the testimony that he - a specialist in treating brachial plexus nerve injuries that infants sustained during childbirth - delivered in lawsuits against the hospital's OB/GYN specialists, and his alleged discovery that a colleague continued to operate despite his loss of sight in 1 eye (due to a detached retina) and contraction of hepatitis.

By 2010, Dr. Nath abandoned his previous claims and sued Texas Children's and Baylor for intentional infliction of emotional distress. It was to no avail, however, as a trial court granted summary judgment to the 2 institutions, ending Dr. Nath's lawsuit.

The 2 institutions sued to recover their legal expenses, which the court granted late in 2010: $726,000 to Texas Children's and $644,500 to Baylor. Dr. Nath requested a new trial, and when his request was denied, he appealed the award of sanctions. An appeals court overruled the appeal last week, upholding the trial court's decision.

Attorneys for Dr. Nath and the institutions did not immediately return calls seeking comment.

David Bernard

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