McKenzie-Willamette Medical Center fires surgeon who performs cases at ASC; surgeon sues hospital - 11 key notes

Kristian Ferry, MD, is suing McKenzie-Willamette Medical Center in Springfield.  

Dr. Ferry was employed by McKenzie-Willamette Medical Center, which he alleges fired him after he took cases to an ambulatory surgery center not owned by the hospital.

Here are 11 facts about the lawsuit:

1. Dr. Ferry is alleging breach of contract, interference with his medical practice, wrongful termination and defamation against McKenzie-Willamette and  McKenzie Physician Services.

2. Dr. Ferry claims that the medical center prevented him from doing surgeries at outpatient facilities that were not controlled by the hospital.

3. Dr. Ferry is suing the center for $6 million in economic damages and an addition $3.8 million in non-economic damages citing emotional distress and damage to his reputation.

4. McKenzie-Willamette received the same amount of Dr. Ferry's professional fees for surgical services regardless of where he performed the procedures, according to his employment contract. However, the hospital did not receive facility fees for the procedures performed at the ASC.

5. Dr. Kerry would have preferred to perform the surgery at surgical centers as he performs 25 percent to 35 percent of his surgeries at such centers.

6. In October-November 2014, hospital officials requested Dr. Ferry's scheduling department to no longer schedule Dr. Ferry's patients at the Spine Surgery Center of Eugene, a physician-owned facility.

7.Chad Campbell, CEO at McKenzie-Willamette, stated he would speak with Dr. Ferry regarding the scheduling changes once Mr. Campbell returned from vacation in January. Mr. Campbell failed to meet with Dr. Ferry, so Dr. Ferry resumed scheduling procedures at the ASC.  

8. Dr. Ferry was then terminated by Mr. Campbell on April for allegedly not adhering to his schedule demands.

9. Dr. Ferry's name was listed on an ASC pamphlet claiming he was an owner, which Dr. Ferry refuted was incorrect.

10. Under his employment contract, Dr. Ferry was obligated to perform cases at the hospital unless patients expressed a different preference, insurers wouldn't cover the procedure at the hospital or if hospitalization wasn't in the patient's best interest, according to the report. Dr. Ferry reported his patients often inquired about the cost of procedures and requested a less expensive alternative, so he mentioned the ASC.

11. The lawsuit claims that this statement concerning his termination has caused Dr. Ferry irreparable harm.

 

For more articles ASC-related news:
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7 things for ASC leaders to know for Monday — June 8, 2015
10 facts about impending King v. Burwell ruling

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