UT Health Professor Sues Orthopaedic Surgeons Groups
Dr. Thomas DeBerardino claims his expulsion from two medical organizations violated his free speech rights.
Updated on Oct. 28, 2026 in Arthritis
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A UT Health San Antonio professor has filed a lawsuit against the American Academy of Orthopaedic Surgeons and its related association. The legal action follows the board's decision to expel Dr. Thomas DeBerardino over grievances related to his expert testimony in medical malpractice cases.
Why it matters
The lawsuit challenges how professional medical organizations regulate the expert testimony of their members in high-stakes malpractice litigation. It pits a professor's right to free speech against the disciplinary authority of the institutions that set professional standards.
Dr. DeBerardino provided expert testimony in approximately 100 cases over 13 years, including one instance resulting in a $12.5 million jury award. He faced four formal grievances between 2022 and 2024, leading to two separate one-year suspensions.
The players
Thomas DeBerardino
He is a professor at UT Health San Antonio and a frequent expert witness in medical malpractice cases.
American Academy of Orthopaedic Surgeons
This is a professional medical organization that founded the American Association of Orthopaedic Surgeons to manage compliance and professional standards.
The details
The medical organizations based in Rosemont, Illinois, established a professional compliance program in 2005 to review member testimony. They allege DeBerardino provided unfair or knowingly false commentary that criticized standards of care, eventually leading to his expulsion in February 2026.
Timeline
The organizations established their professional compliance program in 2005.
Four grievances were filed against Dr. DeBerardino between 2022 and 2024.
The board announced two one-year suspensions in October 2024.
The board voted to expel Dr. DeBerardino in February 2026.
Dr. DeBerardino filed the lawsuit on October 22, 2026.
Health Landscape
This case reflects broader tensions between the medical community's self-regulatory programs and the rights of individual physicians to participate in the legal system. It highlights a recurring conflict between professional peer review standards and the First Amendment of the U.S. Constitution.
The outcome of this lawsuit could change how physicians approach providing expert testimony in local medical malpractice trials. If the court sides with the professor, it may alter the enforcement power medical boards have over their members regarding legal participation.
The takeaway
The legal battle highlights the complex relationship between medical professional associations and the testimony of their members in the courtroom. It reminds medical professionals that participating as an expert witness often involves navigating both legal requirements and strict professional standards.
Further reading
Learn more about the Arthritis conditions that often necessitate orthopedic surgical intervention and related expert testimony.
Source note: This article includes information reported by San Antonio Express-News.
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