Hospital's right to remove doctor insufficient to show employment relationship
An African-American doctor's race discrimination claims against a hospital failed because he couldn't prove an employment relationship with the hospital. He had entered into a contract with a separate entity in which he agreed to provide medical services at the hospital. Under the hospital's agreement with the other entity, it had the right to request a physician's removal, a right it ultimately exercised. The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) ruled the evidence wasn't enough to make the hospital part of an integrated enterprise or a joint employer for liability purposes. Be warned, however, certain factors can tip the scale in the other direction and result in liability.
Pediatric medical services
North Central Baptist Hospital in San Antonio, Texas, is owned and operated by VHS San Antonio Partners, L.L.C. To ensure sufficient staffing, VHS contracted with Pediatric Inpatient Critical Care Services (PICCS) to become the exclusive provider of doctors for the hospital's pediatric intensive care unit. The agreement included the following terms:
- PICCS and its physicians are independent contractors of VHS;
- VHS has the right to "request removal" of any PICCS physician if continued service could jeopardize patient care or safety; and
- PICCS would remove the physician immediately in the event of a violation.
Dr. Perry's arrival