- April 2, 2024
- Firm News
Garfunkel Wild Scores Court Victory, Makes New Law, in Medical Staff Lawsuit
Garfunkel Wild achieved dismissal of a federal court discrimination suit filed by a cardiologist who was denied privileges to perform advanced electrophysiology procedures at South Shore University Hospital due to lack of experience. Her lawsuit alleged that clinical privileges were denied to her based on race and gender discrimination.
The complaint alleged violations of 42 USC Section 1981, which prohibits discrimination in the making or enforcement of contracts. As plaintiff is a voluntary attending, not an employee, she relied on the hospital’s medical staff bylaws as providing contractual rights. On March 24, the court granted Garfunkel Wild’s motion to dismiss the complaint on the ground that a hospital’s medical staff bylaws do not provide contractual rights sufficient to support a Section 1981 claim. This is the first New York federal court decision on that issue. A copy of the court’s order in Hutchinson vs. Northwell Health (E.D.N.Y.) is annexed.
The Garfunkel Wild team on this case is Leonard Rosenberg and Harpreet Kaur.
Garfunkel Wild is pleased to continue its vigorous defense of hospitals, physicians, and administrators who participate in the credentialing, peer review, and quality assurance processes.
The complaint alleged violations of 42 USC Section 1981, which prohibits discrimination in the making or enforcement of contracts. As plaintiff is a voluntary attending, not an employee, she relied on the hospital’s medical staff bylaws as providing contractual rights. On March 24, the court granted Garfunkel Wild’s motion to dismiss the complaint on the ground that a hospital’s medical staff bylaws do not provide contractual rights sufficient to support a Section 1981 claim. This is the first New York federal court decision on that issue. A copy of the court’s order in Hutchinson vs. Northwell Health (E.D.N.Y.) is annexed.
The Garfunkel Wild team on this case is Leonard Rosenberg and Harpreet Kaur.
Garfunkel Wild is pleased to continue its vigorous defense of hospitals, physicians, and administrators who participate in the credentialing, peer review, and quality assurance processes.