Problem
Dr. Sam Shoddy is an employee of the Main Street General Hospital. He has worked as a hospitalist since 2008. As a physician who is required to practice in the hospital to carry out his duties, Dr. Shoddy is also required to be a member of the medical staff. In the last three months, nursing staff have made a series of complaints relating to patient care issues in Dr. Shoddy's practice.
The CEO would like to dismiss Dr. Shoddy as an employee of the hospital on a without cause basis. The hospital is proposing to pay a severance consistent with its employment obligations.
I. Can Dr. Shoddy be dismissed without the MAC or board processes being followed? Yes or no and why?
II. Is there any form of due process required? Yes and what or No and why?
III. What section of the PHA gives the board of a public hospital the power to revoke Dr. Shoddy's privileges and what section of that same document can Dr. Shoddy use to grieve their decision?
IV. What steps could the hospital have taken which would have allowed it to deal with these issues more effectively?
V. Is there a reporting obligation to the College of Physicians and Surgeons of Ontario? Yes or No