A San Antonio nurse has sued orthopedic surgeon David Fox, MD, and San Antonio-based Baptist Health System after a Texas Medical Board disciplinary action stemming from an operating room dispute, according to a July 29 report by the San Antonio Express-News.
Lilibeth Peña alleged Dr. Fox grabbed her neck, forced her head upward and pushed her into an equipment cart during a February 2025 disagreement over a medication delay at Northeast Baptist Hospital. The lawsuit also alleges Baptist Health System ignored prior warning signs about Dr. Fox’s behavior and failed to protect employees.
In December, the Texas Medical Board issued Dr. Fox a nondisciplinary remedial plan after concluding he acted unprofessionally when he “mimicked strangulation” by placing his hands around Ms. Peña’s neck. Under the agreement, Dr. Fox must complete four hours of continuing education focused on communication, leadership and interpersonal skills and pay $500 in administrative costs. He neither admitted nor denied the board’s findings, according to the report.
Ms. Peña alleged she was later passed over for a promotion, offered the option of continuing to work with Dr. Fox or transferring departments, and ultimately resigned because she no longer felt safe. The lawsuit seeks more than $1 million in damages and alleges negligence and gross negligence against the defendants.
Becker’s contacted Dr. Fox’s practice, Live Oak, Texas-based Northeast Orthopaedics & Sports Medicine, which said it had no comment at this time. Becker’s also reached out to Baptist Health System and will update this story if more information becomes available.
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