Case details

On-call doctor: Breach of contract by transferring patients

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2005, plaintiff Kent Skogerson, M.D., 64, contracted with Kern Valley Healthcare District in Lake Isabella for on-call and surgical services seven days per week. Subsequently, on March 9, 2011, the board voted to terminate the contract for alleged financial reasons, allowing Skogerson to work under his original agreement for 60 days. The board later offered Skogerson a new performance-based contract that no longer required on-call coverage seven days a week and reduced compensation for his role as surgical director, but which increased his fees for performing surgeries. Skogerson subsequently rejected the new offer. Skogerson sued Kern Valley Healthcare District; a board member, Robert Gross, D.O., and Gross’ hospitalist groups, Sienna Hospitalist Group Inc. and Sienna Medical Corp. He alleged that the defendants’ actions constituted a breach of contract, wrongful termination in violation public policy, intentional interference with a contract and prospective economic advantage, intentional infliction of emotional distress, and unfair business practices. Plaintiff’s counsel contended that Skogerson was prevented from receiving the benefits of his contract due to personality and control disputes. Counsel further contended that the defendants did not act in good faith by transferring the majority of Kern Valley Healthcare District’s surgical patients to other hospitals or by having the local ambulance companies transport surgical patients directly to other hospitals without consulting Skogerson. Defense counsel asserted that Skogerson was an independent contractor and that the general surgery department did not perform enough surgeries to break even under the previous contract with Skogerson., Skogerson suffered a heart attack shortly after learning of his termination. He sought recovery of emotional distress damages, as well as for damages for the professional fees he claimed he was not paid as the result of the transfer of surgical patients that he should have treated to other hospitals.
COURT
Superior Court of Kern County, Kern, CA

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