Park v. Mem’l Health Sys. of E. Tex. (Summary)

EMPLOYMENT TERMINATION

Park v. Mem’l Health Sys. of E. Tex., No. 12-11-00257-CV (Tex. App. Mar. 4, 2013)

The Court of Appeals of Texas granted summary judgment in favor of a hospital that was sued by an emergency room physician who was terminated by his group for missing work.  The physician had been required to obtain a consultation for pediatric patients after concerns were raised about his care of three patients.  The physician did not show up to work after being informed of the consultation requirement, so he was terminated by his group.

He sued the hospital, claiming that he had been summarily suspended and that the hospital’s actions constituted a breach of contract and interference with his business relationship with his group.  The appellate court ruled that the medical staff bylaws did not constitute an enforceable contract in this instance, so the hospital could not have breached the contract.  The appellate court also ruled that the physician had not been summarily suspended and that his own actions in failing to come to work caused his damages.