KINGWOOD – A physician is suing Bruceton Medical Center after he claims it breached its contract with him.
Dr. Robert W. Phares was also named as a defendant in the suit.
In 2015, Dr. David M. Anderson entered into an independent contractor relationship and agreement with BMC to provide general medicine in a family practice setting, according to a complaint filed Aug. 4 in Preston Circuit Court.
Anderson claims Phares was the sole employee and/or agent of BMC who negotiated the terms of the contract with the plaintiff to provided healthcare in the family practice setting at BMC.
The plaintiff and defendants agreed, under the contract, that the plaintiff would be paid 60 percent of the collected revenue generated as a result of the healthcare services provided and 40 percent of the collected revenue was to be retained by BMC, according to the suit.
Anderson claims the parties agreed that the plaintiff would be financially responsible for his malpractice insurance costs, medical licensure costs and all applicable federal, state and local taxes.
The parties agreed that the defendants would be financially responsible for providing office space, office supplies, medical supplies, clerical staff, nursing staff and all costs and expenses associated with billing, according to the suit.
Anderson claims until 2017, the defendants negligently, fraudulently, recklessly and/or intentionally refused to and failed to show the plaintiff any documents demonstrating his collections in 2015 and 2016, despite multiple requests from the plaintiff.
The plaintiff began seeing patients on Sept. 21, 2015, but he was not paid any amount until seven months later, according to the suit.
Anderson claims the defendants negligently failed to pay amounts due and owing under the contract and conspired to use a wage garnishment as an excuse not to pay the plaintiff due and owing under the contract, which has caused Anderson damages.
The defendants actions caused Anderson emotional distress and significant exacerbation of the plaintiff’s disability, depression, anxiety, medical and health care expenses for treatment associated with his injuries, financial losses, lost investment opportunities, annoyance, inconvenience, aggravation and breach of contract damages.
Anderson is seeking compensatory and punitive damages. He is being represented by Timothy R. Linkous of Linkous Law.
Preston Circuit Court case number: 17-C-87
