PHYSICIAN EMPLOYMENT – TERMINATION

Segen v. Buchanan Gen. Hosp., Inc., No. 1:06cv00009 (W.D. Va. Feb. 7, 2007)

The United States District Court for the Western District of Virginia issued a report and recommendation to dismiss a physician's allegations of conspiracy, breach of contract, and denial of due process, among other claims, since the physician's complaint amounted to nothing more than "mere accusations."

The physician brought his suit against the hospital and several of its staff physicians, arguing that they had illegally conspired to terminate his employment relationship with the hospital. Specifically, he argued that he was terminated for refusing to diagnose certain conditions in the manner suggested to him by other physicians and, additionally, because he complained about patient confidentiality violations. The hospital and physician defendants responded that the physician's complaint was nearly devoid of factual allegations and based primarily upon speculation and should be dismissed. The district court agreed and cited the physician's repeated statements that he expected more information to come forth in the discovery process to "connec[t] the dots." The district court held that "it is not objectively reasonable to base a complaint on implications," and further noted that the physician failed to present sufficient facts to support his claims despite being on notice for this deficiency for nearly six months. The district court also recommended that the hospital and defendant physicians' motion for monetary sanctions be granted in light of the physician's patently frivolous claims.