Describing a former employee as a “pied piper” luring doctors away from the Hillcrest Health System, Hillcrest legal counsel argued in a hearing Wednesday that hospital representatives are entitled to a deposition from the former employee.

Hillcrest officials said the deposition could lead to a lawsuit against the employee and rival Providence Health Network.

Meanwhile, attorneys representing Providence claimed that Hillcrest was using the legal proceedings as a way to “intimidate” physicians from joining the Providence health system, as well as gain access to trade secrets.

Hillcrest attorney Lou McCreary claimed at the hearing in the 414th State District Court that a deposition by Hillcrest’s former director of clinic operations, Alan Tindell, is essential in determining whether Hillcrest will pursue a lawsuit.

Legal counsel for Providence Heath Network and Tindell refuted any wrongdoing and asserted that a deposition could reveal trade secrets.

Tindell joined Providence as its vice president of physician operations in June after serving as Hillcrest’s director of clinic operations.

Bosque clinic

Shortly after his departure, five physicians from Hillcrest’s Bosque clinic terminated their contracts with Hillcrest to join Providence.

The deposition, said attorneys McCreary and Enid Wade, would determine whether Tindell used confidential information or documents from Hillcrest to “induce” the physicians to join Providence, violating their contracts with Hillcrest. Tindell was in a position that allowed access to the physicians’ personal information, including salary and benefits, McCreary said.

“We don’t want to go out and file a lawsuit,” he said. “(Tindell) may clear it up, and then we don’t have a lawsuit.”

The physicians’ contracts with Providence are among the documents being requested by Hillcrest’s attorneys.

Trade secrets

“They want the contracts? That’s a trade secret. That’s proprietary information,” said Colin O’Neill, an attorney representing Providence. “They’re trying to get into our playbook.”

Tindell never had a non-compete contract, O’Neill added, nor does he have copies of Hillcrest’s records. O’Neill said Tindell should not be subjected to a deposition, even for investigative purposes.

“The (doctors) are free to do what they need to do, and that’s what they’re entitled to do,” O’Neill said. “They (Hillcrest) want to intimidate other people who are thinking about going to Providence and not the Hillcrest and Scott & White fold.”

While McCreary protested against bringing a lawsuit against Providence, O’Neill said a lawsuit would make the proceedings more fair.

“Let’s do it in a lawsuit,” he said. “(Tindell) would at least have the opportunity to respond to what’s been said about him.”

Judge Vicki Menard is hearing the case. She is expected to issue a ruling by the end of the week.

kcrow@wacotrib.com

757-5748

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