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Is this considered tortuous interference?

Houston, TX |

I have been working with a surgical assisting company. Company provided surgeon assistant to different hospital. I had a contract with none compete with the company. Company changed the term of my contract unilaterally. I left the company and practiced surgical assisting independently. Company sued me for none compete and lost the case in court. I was allowed by court to go back and work at those hospitals. Now the company telling the doctors if they use my service, they will not provide them with assistant if they need one, not only at this particular hospital but any other hospital the doctors work. This is contrary to the contract company has with these hospitals. Contract clearly says company should provide assistant whenever the surgeon asks for one. Doctors now are afraid of not having an assistant when needed, and are reluctant to call me for assistant. I am credentialed and privileged to practice at the hospital. My question is, is the company interfering with my ability to work at the hospital, since threatening not to provide assistant is against their contract with the hospital?

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Attorney answers 3


The facts of this case are extremely complicated and the simple fact that you have had litigation around this issue makes it practically impossible to answers these questions in this forum. There are simply to many facts and to many documents not available. I would recommend you use the find lawyer tab above to locate a lawyer in your area. Many lawyers offer free consultations where you can gain a better understanding of your legal rights. You can also go back to the lawyer that represented you on the non-compete. Good Luck

Nothing herein is intended to create an attorney client relationship and the response is intended to provide generally a broad response to the area posed by the question. Each question is governed by unique facts and no answer provided is intended to specifically answer the question, but is a general overview of the area of law contained in the question.


Assuming I understand your situation correctly, it would not appear that you have any standing here because you are not privy (again I assume) to the contracts in question. That is, even though their action may have an affect on your business, unless they own you some duty to refrain from that I cannot see how you will have standing to bring the action. I would think that the doctors they are contracted with will be able to take action on account of their breach assuming it amounts to that.

Of course, there is only so much insight one can offer without knowing more. You should consult a lawyer in private to discuss in more detail.

Best regards,
Natoli-Lapin, LLC

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.


I suggest that you consult an attorney who is ecperienced in this area law. The attorney who represented you in the prior litigation is in a good position to advise you. It sounds like tortious interference but more information is needed. Sgain, the attorney who previously represrnted you would have much of the needed information.

Advice given by me in this space is for educational purposes only. Advice given by this attorney constitutes legal advice only if a contract is first signed by this attorney and the client/questioner and a fee is paid to this attorney for such advice.