Dismissal In a Credentialing Case

Serpe Jones recently convinced a trial court in Brown County, Texas to dismiss a physician's credentialing lawsuit against a local hospital in Brownwood, Texas, its chief executive officer, its chairman of the board, and ten local physicians. John Serpe and Chris Knudsen successfully argued that Chapter 74 of the Texas Civil Practices and Remedies Code applied to cases filed by the physicians against health care providers complaining of the loss of privileges to practice at the hospital. Since the plaintiff failed to comply with Chapter 74's procedural requirements, the trial court dismissed the case and denied the plaintiff's request for damages in excess of $1 million. In fact, the trial court awarded the defendants $25,000 in attorney's fees.