Bastidas v. Good Samaritan Hosp. (Summary)

DISCRIMINATION

Bastidas v. Good Samaritan Hosp., Case No. 13-cv-04388-SI (N.D. Cal. Dec. 8, 2014)

A federal district court in California granted a hospital’s motion to dismiss a surgeon’s racial discrimination claim. However, the court refused to dismiss the surgeon’s retaliation claims.

Plaintiff, a Colombian-born surgeon, had his surgical privileges limited following the death of a patient. Peer review proceedings were then commenced by defendant, a hospital.

In his discrimination lawsuit, the surgeon claimed that white surgeons were treated better than him. He also alleged that the hospital agreed to institute a proctoring program so he could regain his privileges; however, the program was never established. The surgeon argued that the cancellation of the program was a result of his lawsuit.

The court held that the surgeon failed to allege sufficient facts supporting the conclusion that white doctors were treated more favorably than him, specifically, that their treatment of patients would not trigger peer review action. However, the court held that the hospital’s failure to establish the proctoring program was an adverse employment action that could reasonably be considered retaliation against the surgeon for filing his discrimination lawsuit.