A.J. Morris, M.D. v. Phillip Osborne, M.D.

Citation: Not availableDocket: 02-05-00139-CV

Court: Court of Appeals of Texas; February 15, 2006; Texas; State Appellate Court

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In the case of Morris v. Osborne, A.J. Morris, M.D. appeals a summary judgment favoring Phillip Osborne, M.D. in a libel per se claim. Dr. Morris contends that the trial court erred by concluding that Dr. Osborne's statements were opinions and argues that extrinsic evidence was unnecessary to interpret the defamatory nature of those statements. Additionally, Dr. Morris asserts that Dr. Osborne failed to prove any affirmative defenses, including consent, privilege, and statute of limitations. The court affirms the summary judgment.

Dr. Morris treated several patients for workplace injuries, prescribing medications such as Lortab, Diazepam, and Xanax, in accordance with Texas medical regulations. Dr. Osborne, hired by the patients' insurance companies to review Dr. Morris's treatments, holds a position against long-term narcotic use, aligning with the American Academy of Physical Rehabilitation, while Dr. Morris supports the American Academy of Pain Medicine's stance on pain management. Dr. Osborne’s reports to the insurance companies questioned the necessity of Dr. Morris's prescribed medications, specifically deeming them unreasonable and unnecessary for the patients’ conditions, suggesting that they should only be on maintenance care and over-the-counter medications.

Dr. Morris alleges that Dr. Osborne's peer review reports defame him by implying he prescribed medications without a valid medical purpose, which is a criminal offense. Dr. Morris filed a libel per se lawsuit against Dr. Osborne, citing section 73.001 of the civil practices and remedies code, which defines libel as written defamation that harms a person’s reputation. Dr. Osborne sought summary judgment, arguing that Morris failed to prove the statements were factual rather than opinion-based. The trial court granted this motion, ruling that Morris did not establish the necessary elements of his case, leading to Morris taking nothing from the suit. In reviewing the summary judgment, it is noted that a movant can secure such a judgment by negating an essential element of the claim. The court must accept evidence in favor of the nonmovant and resolve doubts in their favor. A statement's classification as fact or opinion is assessed based on the overall context, including the audience's reasonable expectations. The Waco Court of Appeals has established that medical peer review reports expressing opinions on a physician's practices, as long as they maintain appropriate context, are considered protected expressions of opinion and thus not defamatory.

Dr. Morris filed a libel per se lawsuit against Dr. Katherine Blanchette after she reported to a worker’s compensation carrier that his treatment of a lower back injury was not medically necessary. The trial court granted summary judgment in favor of Dr. Blanchette, which was affirmed by the Waco court. The court highlighted the challenges in objectively verifying lower back injuries and emphasized the importance of independent reviews within the worker’s compensation system for disputes regarding medical necessity. It reasoned that labeling Dr. Blanchette’s report as defamatory would undermine the integrity of this review system. 

The court concluded that Dr. Osborne's similar statements regarding Dr. Morris's treatment were constitutionally protected opinions and not defamatory. Although Dr. Morris attempted to compare the case to Pisharodi v. Barrash, where the evaluating physician made more inflammatory statements, the court distinguished the cases based on the tone of the comments. Unlike the scathing remarks in Pisharodi, Dr. Osborne's statements were deemed appropriate expressions of opinion. Dr. Morris's assertion that a factual dispute existed regarding the nature of Dr. Osborne's statements was rejected, as both the First Amendment and Texas law require a plaintiff to prove the publication of a false statement of fact for a libel claim. The court determined that the statements made by Dr. Osborne were clearly opinions, not facts.

Dr. Osborne’s reports are deemed to express constitutionally protected opinions, thus ruling them as non-defamatory. Consequently, the court overrules Dr. Morris’s claim and affirms the trial court’s judgment. The decision is delivered by Chief Justice John Cayce with Justices Dauphinot and McCoy on the panel. The document includes references to various Texas statutes and case law, establishing legal precedents regarding the boundaries of protected expression and defamation. Notably, the court finds no necessity to consider additional arguments from Dr. Morris, given the determination that Dr. Osborne's statements qualify as opinions.