SAN ANTONIO – A Bexar County nurse and hospital administrator has filed a medical negligence lawsuit alleging an orthopedic surgeon grabbed her by the neck during a confrontation over a brief medication delay at <\/p>\n
According to the lawsuit filed in Bexar County District Court, Lilibeth Pena, R.N., sued orthopedic surgeon Dr. David L. Fox, VHS San Antonio Partners, LLC \u2014 doing business as Northeast Baptist Hospital and Baptist Health System \u2014 and Tenet Healthcare Corporation.<\/p>\n
The petition alleges the defendants\u2019 negligence and gross negligence caused physical and psychological injuries stemming from an incident on Feb. 17, 2025, at Northeast Baptist Hospital.<\/p>\n
According to the lawsuit, Pena was serving as interim administrative director of surgical services when Dr. Fox became angry about a delay involving pre-operative medications. <\/p>\n
The petition says the delay was caused by an out-of-stock medication in an Omnicell dispensing machine and lasted less than 10 minutes.<\/p>\n
After Pena explained the situation, the petition alleges Dr. Fox became increasingly angry, put his hand around her neck in what the lawsuit describes as a choking or strangling manner, forced her chin upward, told her she should confront the pharmacy director the same way, and then shoved her backward into a PPE equipment cart. Pena alleges she did not consent to any physical contact and was left shocked and frightened.<\/p>\n
The petition says a nurse who witnessed the encounter told Dr. Fox to \u201ckeep your hands to yourself.\u201d<\/p>\n
Pena alleges she left work in tears and reported the incident to the hospital\u2019s chief operating officer, identified in the petition as Jeremy, who apologized for Dr. Fox\u2019s actions and suggested she complete an internal incident report. <\/p>\n
The lawsuit says she later submitted an ethics complaint to the hospital and filed a complaint with the Texas Medical Board. The petition also points to action by the Texas Medical Board later that year. <\/p>\n
On Dec. 12, 2025, the board issued Dr. Fox a Remedial Plan, finding he \u201cacted unprofessionally when he mimicked strangulation by placing his hands around a staff person\u2019s neck during a heated conversation,\u201d according to the lawsuit.<\/p>\n
Pena contends the hospital knew or should have known Dr. Fox had a long history of angry outbursts, verbal abuse and hostile behavior toward operating room staff. The petition alleges multiple prior complaints had been made about his conduct, but administrators failed to take meaningful corrective action, allowing his behavior to escalate into physical violence.<\/p>\n
The lawsuit further alleges another nurse later told Pena Dr. Fox had placed his hands around another provider on the same day, adding, \u201cI guess that\u2019s his thing now.\u201d<\/p>\n
Pena alleges she had immediate neck soreness and visible red marks after the incident. The petition says she has since experienced acute stress disorder, anxiety, panic attacks, recurring nightmares and emotional trauma requiring treatment.<\/p>\n
The lawsuit also alleges that after she reported Dr. Fox, the hospital passed her over for a planned promotion to permanent administrative director of surgical services, offered only that she either work around Dr. Fox or transfer departments, and effectively isolated her after she made formal complaints. Pena ultimately resigned, alleging she no longer felt safe working around Dr. Fox.<\/p>\n
In the petition, Pena asserts negligence and gross negligence claims against Dr. Fox, alleging he verbally abused her, physically grabbed and twisted her neck, pushed her into equipment, and attempted to contact her after the incident despite knowing she feared him.<\/p>\n
Against the hospital entities and Tenet Healthcare, Pena alleges negligent hiring, supervision, training and policy enforcement; failure to address repeated inappropriate physician behavior; failure to protect staff; retaliation following her complaints; and failure to remove Dr. Fox from patient care areas despite prior warning signs. The petition also alleges the corporate defendants are vicariously liable for the actions of their employees and agents and that all defendants acted with conscious indifference, constituting gross negligence.<\/p>\n
Pena is seeking more than $1 million in damages, including compensation for past and future medical expenses, physical impairment, pain and suffering, mental anguish, lost earning capacity, exemplary damages, court costs, and pre- and post-judgment interest. She also requested a jury trial.<\/p>\n","protected":false},"excerpt":{"rendered":"SAN ANTONIO – A Bexar County nurse and hospital administrator has filed a medical negligence lawsuit alleging an…\n","protected":false},"author":2,"featured_media":396222,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[82,84,83],"class_list":["post-396259","post","type-post","status-publish","format-standard","has-post-thumbnail","category-san-antonio","tag-san-antonio","tag-san-antonio-headlines","tag-san-antonio-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/396259","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=396259"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/396259\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/396222"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=396259"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=396259"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=396259"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}