Med Mal News

The U.S. Court of Appeals for the Fifth Circuit has determined that a Texas doctor who served as an expert witness and was censured by his professional association for the manner in which he did so may not seek redress against the association in the courts. The facts of the case, Barrash v. American Association of Neurological Surgeons (AANS), began with neurosurgeon Dr. Jay Martin Barrash's testimony against a fellow AANS member accused by a patient of medical malpractice during the patient's bone graft surgery. That surgeon settled with the plaintiff, but then filed a complaint about Dr. Barrash's testimony with the AANS. The Association investigated, and concluded that Dr. Barrash failed to review the X-ray showing the bone graft placement. Dr. Barrash was therefore suspended from membership in the AANS, although the suspension was later reduced to a censure.

Dr. Barrash resigned from the organization and filed suit against it, claiming that the AANS's actions in suspending and then censuring him tainted his professional stature and harmed his ability to serve as an expert witness in future lawsuits. Specifically, he charged the association with tortious interference, breach of contract and impairment of economic interest from denial of due process. The trial court sided primarily with the AANS, though it found the association had failed to follow proper procedures. Dr. Barrash appealed.