A local cardiologist has filed a lawsuit against a hospital, the hospital’s operator and another physician for denying his application to admit patients within the facility. The cardiologist claims the accused have jeopardized the health of his patients and tainted his reputation.
The case is an example of the difficulties physicians can face when trying to treat their patients. Physicians in these situations have options and can consider legal remedies to reach a resolution.
Why has the hospital denied admitting privileges?
The hospital has stated that those who apply for admitting privileges “have the burden of producing information deemed adequate by the hospital for a proper evaluation of current competencies and other qualifications.” They state the cardiologist failed to meet this burden. The hospital withdrew the application because it stated the application did not have the needed documentation.
How did the cardiologist respond?
The cardiologist countered, stating the request for “needed documentation” was unfair as it required documentation of hospital records for the last two years. He did not use a hospital during this time period, instead providing care within a private office. As such, he could not provide the requested documentation.
The physician further argues that due to this dispute the hospital’s emergency department completed unnecessary cardiac surgeries on at least two of his patients. He states the staff intentionally failed to consult with him about the proper course of care for these patients.
Are legal remedies available in this case?
The New York State Public Health and Health Planning Council has agreed that the physician was not afforded due process when the hospital withdrew the application. The physician has used this to support his lawsuit against the accused.
If successful, the cardiologist could receive admission privileges as well as monetary payment for financial damages. He has requested $20 million. We will provide updates on this case as they become available.
