Chapman v. Lourdes Med. Ctr. of Burlington Cnty. (Summary)

DISCRIMINATION

Chapman v. Lourdes Med. Ctr. of Burlington Cnty., No. A-0120-12T1 (N.J. Super. Ct. App. Div. Sept. 10, 2014)

The Superior Court of New Jersey, Appellate Division affirmed a lower court’s dismissal of an obstetrician’s discrimination and tortious interference claims against a hospital, holding the hospital’s decision was based on sufficient reliable evidence.

Plaintiff, an obstetrician, had clinical privileges at the hospital. Over a seven-year period, he was involved in four medical malpractice suits. Two involved maternal deaths, two involved fetal deaths, and one also involved severe maternal injury. In one of the cases, the New Jersey Board of Medical Examiners found the obstetrician “grossly negligent” and issued a consent order reprimanding and fining him.

The chair of the OB/GYN Department requested the hospital’s Medical Executive Committee (“MEC”) to investigate the obstetrician. The investigation committee recommended that the obstetrician enroll in a continuing education program that involved extensive training in complex care. The MEC rejected this recommendation and voted to revoke the obstetrician’s privileges. This decision was ultimately adopted by the hospital. The obstetrician brought suit, claiming race discrimination, tortious interference with prospective economic advantage, breach of implied contract, and civil conspiracy.

The court affirmed the lower court’s dismissal of all the claims. The court held that the hospital’s decision to revoke the obstetrician’s privileges was supported by sufficient reliable evidence and any other inference would be based on speculation. Furthermore, the court explained that the obstetrician was not treated differently than any other similarly situated individuals because the obstetrician was the only person involved in all four medical malpractice claims.