Raja v. Englewood Cmty. Hosp., Inc. (Summary)
RACIAL DISCRIMINATION
Raja v. Englewood Cmty. Hosp., Inc., No. 8:12-cv-02083-JDW-AEP (M.D. Fla. Aug. 6, 2013)
The United States District Court for the Middle District of Florida granted in part and denied in part a hospital’s motion to dismiss a gastroenterologist’s claims that he was discriminated against on the basis of race after his application for reappointment was denied. The court refused to dismiss the intentional discrimination claim, holding that the gastroenterologist pled sufficient facts in his complaint to establish he had been treated differently from similarly situated, nonminority employees even though he had not identified such individuals by name.
However, the court did dismiss the retaliation claim, stating that the gastroenterologist failed to demonstrate a causal relationship between a lawsuit he filed against the hospital alleging discrimination in 2008 and the 2011 denial of his reappointment, noting that the hospital had actually renewed his appointment once in the time period between the filing of his initial lawsuit and the 2011 denial, making it “implausible” that the denial was retaliatory.
The district court also dismissed the gastroenterologist’s state law breach of contract claim because it was barred by the state peer review statute which grants immunity to individuals involved in the appointment and reappointment process. The court stated that the denial of reappointment required a demonstration of intentional fraud in order to overcome that statutory immunity and that the gastroenterologist’s allegation that the board had engaged in “secret” peer review proceedings was not sufficient to establish such fraud.
On November 7, 2013, the United States District Court for the Middle District of Florida denied the gastroenterologist’s motion for reconsideration and leave to amend to file a fourth amended complaint to plead intentional fraud and a new claim for breach of medical staff bylaws against the hospital. Raja v. Englewood Cmty. Hosp., Inc., No. 8:12-cv-02083-JDW-AEP (M.D. Fla. Nov. 7, 2013).