Skip to main content
Home

Main navigation

News & Analysis Policies & Forms Your Library Attorney Network
News & Analysis Policies & Forms Your Library Attorney Network

User account menu

Sign in Get Started
x

You're signed out

Sign in to access subscriber actions.

Hospital's right to remove doctor insufficient to show employment relationship

May 2021 employment law letter
Authors: 
Minia Bremenstul and H. Mark Adams, Jones Walker LLP

An African-American doctor's race discrimination claims against a hospital failed because he couldn't prove an employment relationship with the hospital. He had entered into a contract with a separate entity in which he agreed to provide medical services at the hospital. Under the hospital's agreement with the other entity, it had the right to request a physician's removal, a right it ultimately exercised. The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) ruled the evidence wasn't enough to make the hospital part of an integrated enterprise or a joint employer for liability purposes. Be warned, however, certain factors can tip the scale in the other direction and result in liability.

Pediatric medical services

North Central Baptist Hospital in San Antonio, Texas, is owned and operated by VHS San Antonio Partners, L.L.C. To ensure sufficient staffing, VHS contracted with Pediatric Inpatient Critical Care Services (PICCS) to become the exclusive provider of doctors for the hospital's pediatric intensive care unit. The agreement included the following terms:

  • PICCS and its physicians are independent contractors of VHS;
  • VHS has the right to "request removal" of any PICCS physician if continued service could jeopardize patient care or safety; and
  • PICCS would remove the physician immediately in the event of a violation.

Dr. Perry's arrival

Continue reading your article with a HRLaws membership
  • Sign in
  • Sign up
Upgrade to a subscription now
to get unlimited access to everything on HR Laws.
Start subscription
Any time

Publications

  • Employment Law Letter
  • Employers State Law Alert
  • Federal Employment Law Insider

Your Library Reading List

Reading list 6
Creating List 7
Testing

Let's manage your states

We'll keep you updated on state changes

Manage States
© 2025
BLR®, A DIVISION OF SIMPLIFY COMPLIANCE LLC | ALL RIGHTS RESERVED

Footer - Copyright

  • terms
  • legal
  • privacy