AHLA and a Florida newspaper have reported an ongoing case in which 4 trauma surgeons have obtained a TRO blocking their summary suspensions, but the case is not over yet and there is no formal opinion. The AHLA report and the newspaper link are below.
Hospital officials argue suspension of trauma surgeons was necessary to protect patient safety.
Florida Today (2/12, Jenks) reported that, in a hearing before the "retired 18th Judicial Circuit Court Judge Larry Johnston," Holmes Regional Medical Center officials said they "believed ‘patients were at imminent risk’ when" they "ordered the suspension of four" trauma surgeons. The case centers on "whether some of the surgeons had performed enough procedures to be qualified as trauma surgeons" and whether "some quality data required by the state had been missing." Dr. Richard Hynes, chief medical officer argued that the hospital’s "greatest concern was that, when a negative outcome occurred, we might not even know about it." But, when "Health First, the company which operates Holmes and employs the four surgeons, went to court" over the suspensions, it "successfully won a temporary injunction," which was later extended. Health First argued that "the surgeons’ suspension did not meet the ‘imminent danger’ test required under the hospital bylaws," and that "the suspensions ‘jeopardized patient safety.’"
http://www.floridatoday.com/article/20090212/NEWS01/902120337/1006/news01