Doctor alleges wrongful termination, defamation

A recent lawsuit alleges a doctor was fired after refusing to perform what he viewed as unnecessary surgeries. It contains some important reminders for employers.

Dr. Marcus is terminated and sues

Dr. Larry Marcus sued his former employer, Westwood Ear, Nose & Throat, P.C., and its owner and principal, Dr. Christopher Loughlin. In short, Marcus alleged Loughlin:

• Convinced him to join Westwood with an “illusory promise” he could buy in to become a co-owner of the practice;
• Attempted to get him to “guide” his patients toward what he viewed as “unnecessary surgeries” and “even encouraged [him] to manipulate his patients’ records so their insurance companies would approve” unnecessary procedures;
• Terminated him when he allegedly “refused to assist with a patient emergency,” which he claimed didn’t happen; and
• Falsely told other doctors, including potentially ProHealth Physicians, where Marcus applied after he was terminated from Westwood, that he had “lost privileges” at a hospital where he performed operations.

An employee suing for wrongful termination is, unfortunately, an all-too-familiar story for employers. But certain points of Marcus’ lawsuit are somewhat unique and worthy of a reminder regarding potential risks for employers that must terminate employees.

Employment lawsuits can have broader impact

An important lesson is that, unfortunately for employers, employment cases can have a broader impact by, in the case of Westwood, alleging the employer was engaged in unscrupulous activity.