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San Antonio orthopedic surgeon David Fox has been sued by a nurse Lilibeth Pe\u00f1a, who alleges he put her hands on her neck in a \u201cchoking\/strangling manner\u201d in February 2025. Fox is shown\u00a0as he records notes after performing a knee replacement surgery in 2019.\u00a0<\/p>\n
San Antonio Express-News file photo<\/p>\n
A San Antonio nurse has sued an orthopedic surgeon after the Texas Medical Board<\/a> found he acted unprofessionally by putting his hands around her neck during a heated conversation.<\/p>\n Lilibeth Pe\u00f1a<\/a> alleges Dr. David Fox<\/a> grabbed her neck, twisted her head upward and pushed her into an equipment cart during a dispute over a medication delay in an operating room at Northeast Baptist Hospital<\/a> in February 2025.<\/p>\n Article continues below this ad<\/p>\n The suit also names as a defendant Baptist Health System<\/a>, which\u00a0Pe\u00f1a alleges ignored warning signs about Fox\u2019s behavior and failed to protect employees.<\/p>\n The lawsuit follows a Texas Medical Board investigation that found Fox acted unprofessionally<\/a> when he \u201cmimicked strangulation\u201d by putting his hands around Pe\u00f1a\u2019s neck. The board issued a nondisciplinary remedial plan requiring Fox to complete training on communication with staff, leadership and interpersonal skills.<\/p>\n Fox neither admitted nor denied the board\u2019s findings and agreed to settle the matter to avoid the cost, expense and uncertainty of litigation, according to the agreement.<\/p>\n San Antonio Express News Logo<\/p>\n Make us a Preferred Source on Google to see more of us when you search.<\/p>\n <\/p>\n Add Preferred Source<\/p>\n <\/a><\/p>\n A representative for Fox said he had no comment. Baptist Health System did not respond to a request for comment on the lawsuit.<\/p>\n Article continues below this ad<\/p>\n READ MORE: San Antonio doctor suspended for fondling patient\u2019s breasts now faces lawsuit<\/a><\/p>\n At the time of the incident, Pe\u00f1a held the position of interim administrative director of surgical services at Northeast Baptist.<\/p>\n The lawsuit says Fox became upset after learning a preoperative medication was unavailable because an automated dispensing machine was out of stock. Another nurse retrieved the medication from a different machine, resulting in a delay of less than 10 minutes.<\/p>\n According to the lawsuit, Pe\u00f1a then explained what had happened to Fox outside the operating room. When she told him there was little she could do because the pharmacy was outside her department, Fox became increasingly angry, the suit says.<\/p>\n Article continues below this ad<\/p>\n The lawsuit alleges Fox placed his hand around Pe\u00f1a\u2019s neck \u201cin a choking\/strangling manner,\u201d yanked her chin upward and told her she should confront the pharmacy director the same way before pushing her into an equipment cart.<\/p>\n A nurse who witnessed the encounter told Fox, \u201cYou need to keep your hands to yourself,\u201d according to the lawsuit.<\/p>\n Pe\u00f1a left the hospital in tears and later reported the incident to the hospital\u2019s ethics and compliance office as well as the medical board, the suit says.<\/p>\n She says Northeast Baptist later passed her over for promotion to permanent administrative director of surgical services and instead offered her the option of working around Fox or transferring to another department. Pe\u00f1a says she later resigned because she no longer felt safe around Fox.<\/p>\n Article continues below this ad<\/p>\n<\/p>\n