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Appeals Court OKs Surgeon’s Whistle-Blower Suit Against UT Southwestern
 
July 27, 2010 12:27 pm

DALLAS – A whistle-blower lawsuit filed against the University of Texas Southwestern Medical Center will be heard by a Dallas jury, the 5th District Court of Appeals in Dallas has ruled.

Attorney Charla G.Aldous of the Aldous Law Firm in Dallas represents surgeon Larry Gentilello in his claims against UT Southwestern. Dr. Gentilello sued the hospital in 2007 when supervisors demoted him after he voiced concerns that some patients received improper care from the school’s residents at Parkland Hospital.

While working at the medical school, Dr. Gentilello discovered that UT Southwestern residents were treating some patients at Parkland without supervision from an attending physician. After going to Dr. Robert V. Rege with his concerns, Dr. Gentilello says, he was stripped of his positions as Chair of the Division of Burn, Trauma and Critical Care and Distinguished C. James Carrico, M.D. Chair in Trauma UT Southwestern.

“This is a case of a doctor standing up for patients and being shot down by the medical community,” says Ms. Aldous. “Dr. Gentilello wanted to make sure that all patients at Parkland received the best treatment, but UT Southwestern and Parkland officials apparently have a different view of the practice of medicine.”

Dr. Gentilello’s lawsuit includes claims that UT Southwestern and Parkland violated Medicare and Medicaid rules and procedures for patient care. The medical school claimed the lawsuit was barred by sovereign immunity and that Dr. Gentilello didn’t qualify for whistle-blower protections because he didn’t report his concerns to law enforcement.

However, a trial court ruled in 2008 that Dr. Gentilello followed hospital and school procedures and should be covered by whistle-blower protections. This week’s ruling affirms the lower court’s decision, and clears the way for a trial in the 14th District Court in Dallas.

The ruling in The University of Texas Southwestern Medical Center at Dallas, Appelant v. Larry M. Gentilello, M.D., Appellee, No. 05-07-00845-CV, was delivered July 21, 2010.

The Aldous Law Firm represents clients in general civil litigation, personal injury, medical malpractice, products liability and wrongful death lawsuits. More information about the firm can be found at www.aldouslaw.com.

 

For more information, contact Alan Bentrup at 800-559-4534 or alan@androvett.com.


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