“The new year stands before us, like a chapter in a book, waiting to be written. We can help write that story by setting goals.” Melody Beattie
Claims against Hospital and the Data Bank Barred
A hospital reported a physician to the Data Bank after the physician chose to allow his medical staff appointment to expire while under an FPPE. Because the physician then waited four years to sue the hospital and the Data Bank, a court found that most of his claims against the hospital were barred by the state’s statute of limitation. The court then dismissed the physician’s employment discrimination claim that was not time barred. The claims against the Data Bank were dismissed either because of sovereign immunity or because the Data Bank followed the Data Bank’s Guidebook. Bhutta v. Howard Cty. Gen. Hosp.
“In order to be successful in the new year, stay focused, develop a positive attitude and be passionate with your dreams.” Bamigboye Olurotimi
No Protected Property or Liberty Interest in Public University’s Decision to Terminate Physician
A surgeon’s federal and state claims against a public university hospital and the university’s faculty practice plan were dismissed. The surgeon, a non-tenured member of the university’s faculty practice plan, was accused of assaulting a hospital employee. While the surgeon claimed that this allegation was retaliatory in response to his prior whistleblowing about patient safety concerns, he was criminally charged, convicted, and sentenced to a one-year probation. While his criminal conviction was on appeal, and despite assurances from department officers that his job would not be affected by the criminal proceedings, the physician alleged that the hospital and the faculty practice plan unlawfully terminated his appointment at the hospital, placed him on a paid administrative leave, and then did not renew his position with the faculty practice. The physician also alleged that the medical staff leaders contacted other hospitals in a manner that interfered with his ability to secure a new position. The court ruled in the hospital’s and faculty practice plan’s favor finding that the surgeon did not have a protected property interest or a protected liberty interest in either his suspended duties or in a renewed appointment. Woodside v. The Bd. of Regents of the Univ. of Mich.
“What the new year brings to you will depend a great deal on what you bring to the new year.” Vern McLellan
No Liability for Terminating Physician’s Employment Due to Patient Care Concerns
A 70-year-old female radiologist specializing in breast imaging was removed from her duties at a public hospital and an affiliated academic appointment at a medical school and placed on administrative leave after hospital leadership cited an unsatisfactory performance evaluation and raised concerns about patient safety, including the risk of delayed diagnoses and missed cancers. Based on these concerns, the hospital’s medical board decided not to renew her clinical privileges or reappoint her to the medical staff. Shortly thereafter, the affiliated academic institution also declined to renew her faculty appointment. The physician filed suit against the hospital and medical school alleging age discrimination and violations of due process. The district court granted summary judgment in favor of the hospital and medical school on the due process claims and in favor of the school on the age discrimination claims. The remaining age discrimination claims against the hospital proceeded to a jury trial, which resulted in a verdict for the hospital. The summary judgment rulings and the jury verdict were upheld on appeal. Hanley v. N.Y.C. Health and Hosps. Corp.