McLeay v. Metro. Hosp. Auth. (Summary)

EMPLOYMENT LAW

McLeay v. Metro. Hosp. Auth., No. M2006-01369-COA-R3-CV (Tenn. Ct. App. Nov. 20, 2008)

The Tennessee Court of Appeals affirmed the trial court’s rulings and held that a physician’s assistant ("PA") was justly terminated for completing a surgical consent without the presence, supervision, or approval of a physician and that any due process violations during her administrative hearing were cured by the de novo trial court hearing. Based on the evidence presented to the trial court, the appellate court concluded that the PA’s termination was based on her failure to follow policies and procedures and not for retaliatory reasons. Additionally, even though the trial court set limitations on the time allowed for the examination of witnesses, the PA was afforded sufficient opportunity to present evidence in court, including her own testimony. Therefore, any alleged procedural deficiencies at the administrative level were corrected by the de novo hearing in the trial court.