Retaliatory Termination of Physician Employment by Hospitals: The Case of Zelman versus Cape Cod Hospital.

Abstract

A disturbing problem in the United States is that of illegal termination by hospitals of professional employees. Nurses, for example, have consistently decried poor staffing levels and, more recently in times of COVID-19, inadequate Personal Protective Equipment (PPE) that places both nurse and patient at high risk. For the most part, hospitals do little to correct these issues. The complaints have usually been kept "in house" and the nurses were expected to "stand down" once they'd complained. Physicians, who are now employees in growing numbers, have also filed formal complaints with professional associations, States' licensing authorities, and also with States Boards of Health. When this happens, it is not unusual to hear that the physicians who were in good standing and who filed the complaints have been dismissed from their employment even in cases where the physicians have been long term employees of hospitals. Terminated medical employees have sued their former employers. This paper examines the issue of employment of professionals by hospitals, in particular physicians, and causes for termination that are legal. The paper will also examine, by means of analyzing a current case (Zelman), the termination of employment of a physician that appears to be illegal/retaliatory. The paper concludes by demonstrating civil penalties that can attach to the successful proof of retaliatory termination by reviewing of some recent cases that are illuminating in their outcomes.