Awwad v. Largo Med. Ctr., Inc. (Summary)

RACE DISCRIMINATION

Awwad v. Largo Med. Ctr., Inc., No. 8:11-cv-1638-T-24 TBM (M.D. Fla. Aug. 21, 2013)

The United States District Court for the Middle District of Florida granted a hospital’s motion for summary judgment in a suit brought by a disruptive Palestinian physician, alleging, among other things, race discrimination under 42 U.S.C. §1981.

After an investigation performed by an ad hoc committee of the Medical Executive Committee and a focused peer review, the physician was required, within 30 days, to obtain counseling for anger management and professionalism and continuing education in the area of fluid and electrolyte management.  The physician failed to do this.  Following a medical staff hearing and appeal, the physician’s privileges were revoked.  Subsequently, he sued, asserting various claims, including race discrimination under §1981.

In ruling on the hospital’s motion to dismiss, the court concluded that the physician failed to show that the hospital treated similarly situated, non-Palestinian doctors more favorably.  Specifically, the court found that the physician failed to offer evidence of any physicians who were disruptive and refused to comply with the hospital’s counseling and education requirements, but did not have their privileges revoked.  The court also observed that a disparaging statement by a member of the Medical Executive Committee that the physician was “practicing medicine the Palestinian way” was not enough to infer discrimination by a decision-maker.

Finally, the court held that the hospital offered a legitimate, non-discriminatory reason for revoking the physician’s privileges:  his failure to enroll in anger management counseling and continuing education courses.  Because the physician failed to show that this reason was a pretext for discrimination, his §1981 claim was dismissed by the court.