Pal v. Jersey City Medical Center — July 2016 (Summary)

HCQIA No Pal to Terminated Resident

Pal v. Jersey City Medical Center
Nos. 14-3710, 14-4605 (3d Cir. July 15, 2016)

The United States Court of Appeals for the Third Circuit affirmed a district court’s grant of summary judgment in favor of a hospital in a suit by a physician.  The doctor was a woman of Indian origin, who was a resident in the hospital’s cardiothoracic surgery program.  She resigned after learning that her contract would not be renewed.  The physician previously sued the hospital where she was terminated from the residency program in state court alleging discrimination and retaliation and was awarded $1,600,000 by a jury.  She subsequently sued the hospital where she was terminated from the residency program, the hospital where she subsequently sought privileges and two doctors in federal court alleging post-employment retaliation, denial of due process in violation of 42 U.S.C. §1983, and conspiracy under 42 U.S.C. §1985, and several new state law claims including defamation and false light.

The court concluded that the federal civil rights laws did not entitle the physician to a favorable reference, and that the hospital where she sought privileges and the two physicians there were immune under HCQIA since the physician was granted a hearing.