Landsberg v. Me. Coast Reg’l Health Facilities (Summary)

PROFESSIONAL REFERENCES

Landsberg v. Me. Coast Reg’l Health Facilities, No. CV-08-59-B-W (D. Me. Aug. 5, 2009)

The United States District Court for the District of Maine refused to dismiss a tortious interference claim brought by a locum tenens physician who was placed "on hold" as a result of an allegation of inappropriate touching made by a certified nurse midwife (CNM). The physician claimed that the CNM’s allegation, and the hospital’s subsequent request that the locum tenens staffing company remove the physician from the hospital, caused the company, through fraud and intimidation, to stop offering the physician for any locum tenens services.

The hospital argued that the locum tenens staffing company did not rely on the hospital’s communications when putting the physician on hold since the hospital had not provided a formal explanation letter or copy of the complaint at the time the hold was imposed. It also argued that its actions could not constitute intimidation because the hospital never even suggested that the locum tenens company should stop offering the physician’s services.

The court concluded that if, as the physician alleged, the CNM was lying about the touching, the physician’s claim for tortious interference with his business relationship could be successful. Among other things, the court found that the hospital’s actions in reporting the alleged inappropriate touching could constitute intimidation, for the purpose of a tortious interference claim, because the locum tenens company had no real choice but to take contractual action against the physician to prevent him from continuing to practice in his specialty in light of the very serious allegations against him and the fact that his specialty (OB/GYN) required him to deal exclusively and intimately with women.