TribBlog: Court Says Medical Board Suit Can Proceed

The Association of American Physicians and Surgeons may continue its lawsuit against the Texas Medical Board, despite a lower court's ruling, the 5th Circuit Court of Appeals decided today.

The AAPS, a nonprofit physician group, sued the Texas Medical Board arguing that it violated doctors' constitutional rights by allegedly manipulating anonymous complaints, and endangered their privacy by purportedly releasing unproven facts and records about disciplinary cases. 

A district court agreed with the Medical Board that the AAPS lacked standing to sue on behalf of its members and granted a motion to dismiss. But today, the Fifth Circuit overturned the district court's dismissal, saying the AAPS does have standing to sue. 

Whether the AAPS will be successful, the 5th Circuit judges say, is up for debate."We express no opinion on whether AAPS will ultimately be able to prove its rather dramatic claims," they wrote in their opinion.