MEMORIAL HERMANN HEALTH SYSTEM v. GOMEZ

No. 19-0872.

649 S.W.3d 415 (2022)

MEMORIAL HERMANN HEALTH SYSTEM, Petitioner, v. Miguel A. GOMEZ, III, M.D. and Miguel A. Gomez, M.D., P.A., Respondents.

Supreme Court of Texas.

OPINION DELIVERED: April 22, 2022.


Attorney(s) appearing for the Case

Thomas S. Leatherbury , Dallas, John Greil , Houston, for Amici Curiae Texas Health Resources, Texas Hospital Association.

Margaret E. Bryant , Jorge Luis Gomez , Patrick Mason Dennis , Houston, Jeffrey I. Avery , Michael Patrick Doyle , Timothy F. Lee , Houston, for Respondents.

Kelly M. Walla , Donald P. Wilcox , Austin, for Amicus Curiae Texas Medical Association.

Mark S. Armstrong , Houston, for Amicus Curiae St. Luke's Health System Corporation.

Dori Goldman , Houston, Constance H. Pfeiffer , Jesse Coleman , David J. Beck , Houston, Geoffrey A. Gannaway , Reagan W. Simpson , Nicholas M. Bruno , Houston, for Petitioner.


After leaving one hospital for a new rival, a pioneering cardiovascular surgeon sued the former for engaging in a retaliatory "whisper campaign" against him. The surgeon alleged that the hospital used faulty data on his patients' mortality rates to suppress competition, injure his reputation...

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