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

RACE DISCRIMINATION/MEDICAL STAFF APPOINTMENT

Awaad v. Largo Med. Ctr., Inc., No. 13-14275 (11th Cir. May 2, 2014)

The U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s grant of summary judgment for a hospital on a physician’s race discrimination claim.  The plaintiff physician held medical staff appointment and clinical privileges at the defendant hospital.  Following the death of a patient, the physician was required, following peer review, to attend a Physician Recovery Network program and a post-graduate course in fluid and electrolyte management.  He failed to comply and his privileges were terminated.  The court held that the failure to satisfy the peer review directive was a legitimate reason for termination of privileges and thus the decision was not pretextual.  Because a reasonable employer would have terminated privileges after failure to complete the peer review mandate and the physician failed to rebut the authenticity of this reason, his claim could not proceed and the lower court decision was affirmed.