In a 20-page original petition filed Oct. 4 in the Houston Division of the Southern District of Texas, Dr. Walter Zawislak alleges Memorial Hermann placed him on a National Practitioners Data Bank adverse action report in response to his attempts to address violations of the Emergency Medical Treatment and Active Labor Act at Houston's Memorial Hermann Southeast Hospital. The emergency medicine physician explains that there were instances when certain patients at Memorial Hermann's southeast Houston facilities required the services of a physician whom the hospital system named to its on-call list, however, "the on-call physician failed or refused to appear within a reasonable period of time" after he notified them, stating the respondent "did not take action."