IMMUNITY AND RELEASE PROVISIONS

Tyson v. Or. Anesthesiology Group, No. 03-1192-HA (D. Or. June 6, 2008)

The United States District Court for the District of Oregon granted summary judgment to a hospital and its physician leaders based on language in its Credentials Policy by which members of the Medical Staff agreed not to sue the hospital for any matter relating to the credentialing process. The physician, an anesthesiologist, had been placed on a leave of absence at the hospital as a result of substance abuse. He sought to be reinstated to the Medical Staff, and the hospital stated that he must satisfy certain conditions. He claimed that these conditions were unfair, and sued the hospital for alleged violations of the Americans with Disabilities Act. The court noted "[a]s part of his application process, plaintiff made enforceable promises agreeing to waive all legal claims against [the hospital], and to provide absolute immunity to [the hospital]. [The physician] has offered no persuasive basis for deciding otherwise or for waiving or voiding those promises." In addition, the court ruled that the hospital was entitled to have the physician pay its costs and attorneys' fees, as provided in the Credentials Policy.

The court also granted summary judgment to the anesthesiology group who terminated the anesthesiologist for treating patients while under the influence of drugs and stealing medications paid for by patients. The anesthesiologist brought a claim against the group under the Americans with Disabilities Act, which required that he establish that he was a qualified individual with a disability, that he suffered an adverse employment action, and that there was a connection between the disability and the adverse employment action. The anesthesiologist failed to prove each of these elements.