Sambasivan v. Kadlec Med. Ctr. (Summary)

Sambasivan v. Kadlec Med. Ctr., No. 31858-3-III (Wash. Ct. App. Nov. 18, 2014)

The Court of Appeals of Washington reversed a lower court’s entry of summary judgment in favor of a hospital against a lawsuit filed by a cardiologist. The cardiologist, a native of India, claimed that the hospital had retaliated against him for a discrimination lawsuit he had filed in June 2008. The hospital argued that the cardiologist could only assert a federal retaliation claim if he could identify an impaired contractual relationship under which he had rights. The hospital explained that there was no contractual relationship, since the bylaws were not a contract. In addition, the hospital argued that the cardiologist could only win a retaliation claim under state law if he could show that the retaliatory action was taken in the context of an employment relationship or independent contractor relationship. It explained that the cardiologist had neither sort of relationship with the hospital.

The cardiologist countered by arguing that his case was not based on the bylaws, but was instead founded on the impairment of his capacity to contract to perform emergency department call coverage services for the hospital and the loss of his ability to serve future patients. The court found that this evidence was sufficient to overcome summary judgment and to permit the physician to present a jury issue about his loss of future call contracts and the loss of his contracts with future patients. The court noted that the cardiologist was permitted to bring state and federal retaliation claims because he was performing services as an independent contractor under the Emergency Department Call Coverage Agreement. The court reversed and remanded for trial.