KINGWOOD – Bruceton Medical Center and Dr. Robert Phares have filed an answer to a complaint filed by Dr. David M. Anderson in which they deny the claims alleged against them.

The injuries and damages of which the plaintiff complains were not caused or contributed to by the defendants, according to the affirmative defenses and answer to the complaint filed by the defendants.

“Plaintiffs damages, if any, were sustained as a direct and proximate result of the primary negligence, and/or breach of duty, and/or breach of contract whether express or implied, and/or breach of warranty whether express or implied, and/or strict tort liability, and/or other misfeasance of some other person, firm and/or entity for which defendant is not responsible, thereby barring or diminishing his recovery herein.”

The defendants are seeking an order dismissing all claims against them.

In 2015, Anderson entered into an independent contractor relationship and agreement with BMC to provide general medicine in a family practice setting, according to the Aug. 4 complaint.

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.

Anderson claims 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.

Anderson is seeking compensatory and punitive damages. He is being represented by Timothy R. Linkous of Linkous Law.

The defendants are represented by Kenneth Hopper of Pullin, Fowler, Flanagan, Brown & Poe.

Preston Circuit Court case number: 17-C-87

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Pullin Fowler Flanagan Brown & Poe PLLC
901 Quarrier Street
Charleston, WV - 25301

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