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Sweatt v. Compton9/6/2001
Connie S. Klein, the Executive Administrative Assistant of the TDOC, to Mr. Sweatt which stated:
The Utilization Review Committee has reviewed your charts and the attending physician's recommendations. After careful consideration of all information received and reviewed, they have denied the request for sinus surgery on May 22, 1996. You may contact your institutional Health Administrator to find out if the attending physician has or will file an appeal to the Utilization Review Committee for reevaluation of the merits of your case.
Dr. Ries never filed an appeal for a reevaluation of Mr. Sweatt's case.
The delay in Mr. Sweatt's recommended surgery is a direct result of the denial of surgery by the Utilization Review Committee and/or the failure of Dr. Ries to appeal that decision. Mr. Sweatt has failed to establish that the named Appellees were in any way responsible for the delay or denial of his surgery. In response to Mr. Sweatt's first request for admissions the Appellees stated:
The recommendation for the surgery was denied by the Utilization Review Committee and Dr. Ries did not appeal the decision. Furthermore, these defendants are not responsible for scheduling any surgery to be performed at the Special Needs Facility and cannot override the decision of the Utilization Review Committee denying the surgery.
Mr. Sweatt has presented no evidence to the contrary. Because the Appellees were not personally responsible for any delay or denial of surgery, we find that the Appellees were not proper defendants to this lawsuit. Accordingly, although on different grounds, we affirm the trial court's grant of summary judgment in favor of the Appellees.
IV. Conclusion
For the foregoing reasons, the decision of the trial court is affirmed. Costs of this appeal are taxed against the Appellant, Antonio L. Sweatt, for which execution may issue if necessary.
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