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Employer Attempted to Terminate Radiologist for Poor Clinical Performance and Report Him to BOM and NPDB

Professional:
Radiologist

Primary Issue:
We were retained to help a radiologist whose employer had begun an internal investigation against him due to alleged poor clinical performance. The employer threatened to terminate the radiologist with cause, thus prevent him from receiving retirement benefits including a pension and health care. The employer threated to report the doctor’s license to the state medical board and the National Practitioner Data Bank (NPDB). Both of these actions would have adversely impacted the client’s medical license.

Benefit of Using Chapman Law Group:
We discovered that the employer sought to terminate the radiologist in-part to avoid having to provide him with early retirement compensation. We filed a formal grievance with the hospital’s disciplinary appeals board which enabled the radiologist to be placed on administrative duties with full pay and benefits pending the outcome of the investigation. We submitted reports and documentation refuting the employer’s claims that the radiologist was practicing below the standard of care. As a result, the investigation was terminated without any negative findings against the radiologist. We negotiated a settlement agreement under which our client obtained significant lump sum compensation for early retirement, a “clean” personnel file with positive references, and no reporting to state or federal agencies. Our actions enabled our client to obtain post-retirement employment in radiology without the baggage of a disciplinary history against his medical license.

Result:
The hospital’s investigation against the radiologist was concluded without negative findings against him and he retired on good terms with employer, entitling him to all post-retirement benefits. No action was failed against his medical license with the Board or Medicine or the National Practitioner Data Bank (NPBD).

Area of Law:
Medical License Defense
Credentialing
Staff Privileges
National Practitioner Data Bank

Attorney:
Steven D. Brownlee, M.D.


Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the Florida Bar.


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