Cahill v. Franciscan Health Sys. (Summary)

PRACTITIONER HEALTH/ DISABILITY DISCRIMINATION

Cahill v. Franciscan Health Sys., No. C12-5829 BHS (W.D. Wash. Sept. 27, 2013)

The United States District Court for the Western District of Washington denied a physician’s motion for a preliminary injunction. The physician applied for privileges on the hospital medical staff, but was informed that her application could not be completed until she finished her contract (related to the physician’s alcoholism) with the state physicians’ health program.  The hospital claimed that its VPMA had a phone call with the physician, during which she withdrew her application, while the physician claimed that she never withdrew her application and instead was “denied” privileges – resulting in her being unable to obtain another job or privileges.

In refusing to grant an injunction, the court first noted that the physician seemed to be seeking some sort of relief that the court had no power to grant (to have the application process deemed invalid and for the parties to go on as if nothing had ever happened).  The court also noted that there was a genuine issue of fact as to whether or not the physician withdrew her application. And, finally, though the physician claimed that she was prohibited from seeking other lucrative opportunities as a result of the hospital’s conduct, she admitted that she received substantial income in 2011 and 2012.