Surgeon sues Saint Thomas over suspension

Doc claims hospital's suspension for 'tardy and deficient' paperwork was in violation of medical staff bylaws

Email | Print By Walker Duncan

A veteran cardiothoracic surgeon claims Saint Thomas Hospital suspended his privileges over tardy paperwork.

In a lawsuit filed in Davidson County Circuit Court, Dr. John R. Roberts claims the hospital’s decision to “summarily suspend” his privileges not only was in violation of the bylaws of the medical staff, but also led to an automatic adverse report to the National Practitioners Bank.

The lawsuit claims that a letter the followed his suspension in November of last year alleged that he sometimes completed two types of reports – History & Physical and Operative reports – in a “tardy and deficient manner.”

According to Roberts, the bylaws dictate that the punishment for tardy paperwork is in fact an “automatic suspension.” The nuance here is that the “automatic” version does not require that any report be made to the National Practitioners Bank, a record blemish that can often carry with it the stigma of medical incompetence.

“Summary” suspension is usually reserved, the complaint alleges, for situations where “public health, welfare or safety imperatively requires immediate action.” Roberts asserts that Saint Thomas never made any claims of his posing any danger to his patients, and thus the punishment was improper.

Roberts’ privileges have since been reinstated.

The lawsuit, available here, charges breach of contract and defamation of character, among others claims. Filing the lawsuit on behalf of Roberts is David Randolph Smith.

Saint Thomas declined to comment about ongoing litigation.