Dalehite v. Nauta
In Dalehite v. Nauta, 79 S.W.3d 243 (Tex. App.--Houston 14th Dist. 2002, pet. denied), the plaintiff argued that the defendant-physician was not a governmental employee covered by section 101.106 because UTMB, his employer, did not control the details of his diagnosis or treatment. 79 S.W.3d at 245-46.
In reviewing the trial court's order granting summary judgment, the court noted that the physician had presented the trial court with undisputed evidence that he was a chairman of the UTMB department of neurosurgery, worked as a full-time professor at UTMB, treated patients and instructed medical students at UTMB, signed an employment contract with UTMB, and was paid a salary and provided benefits and insurance by UTMB. Id. at 245.
The Court held that this evidence established that the physician was an employee of UTMB, and further held that the physician's exercise of discretion in diagnosing and treating patients did not make him an independent contractor. Id. at 245-46.