Mitchell v. Mid-Ohio Emergency Services

PHYSICIAN EMPLOYMENT / WHISTLEBLOWER

Mitchell v. Mid-Ohio Emergency Services,
No. 03AP-981 (Ohio Ct. App. Sept. 30, 2004)

The Ohio Court of Appeals ruled that a “whistleblowing” physician
who failed to use proper channels to raise quality concerns could not bring a
claim for wrongful termination of employment. The physician in question was employed "at
will" as an emergency room physician. After a patient suffered a cardiac
arrest in the emergency room, the physician wrote a letter outlining his concerns
to the chairperson of the quality assurance committee. However, he also distributed
his letter to the chairperson of the board of directors, a department chairperson,
and another employed physician. Shortly thereafter, the board of directors voted
to terminate the physician’s employment. He sued, claiming that his termination
was contrary to public policy. The court disagreed, stating that "[t]o afford
protection to [the physician’s] actions would destroy the entire purpose behind
the creation and protection of quality assurance committees and proceedings," since
any individual claiming to be a whistleblower could disregard the peer review
procedures that are established by hospitals and protected by statute. The court
also ruled that termination of the physician’s employment did not entitle him
to a medical staff hearing because his clinical privileges had not been restricted,
even if he was prevented from exercising them.