Canady v. Meharry Medical College

811 S.W.2d 902, 1991 Tenn. App. LEXIS 43
CourtCourt of Appeals of Tennessee
DecidedJanuary 30, 1991
StatusPublished
Cited by7 cases

This text of 811 S.W.2d 902 (Canady v. Meharry Medical College) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Canady v. Meharry Medical College, 811 S.W.2d 902, 1991 Tenn. App. LEXIS 43 (Tenn. Ct. App. 1991).

Opinion

OPINION

TODD, Presiding Judge.

The plaintiff, Jerome Canady, has appealed from a non-jury judgment of the Trial Court dismissing his suit against the defendant Meharry Medical College and certain of its officials regarding plaintiff’s participating in a residéncy program conducted by the defendant, Meharry Medical College (hereafter Meharry).

During the period involved in the controversy, Meharry maintained a five year surgical residency program leading to qualification as a specialist in general surgery. After graduation from Temple University Medical School and one year’s medical resident training at the University of Illinois [904]*904Hospital, on July 1, 1985, plaintiff began surgical residency at Meharry. Residents at Meharry serve under one year contracts. Plaintiff’s contract was renewed in July, 1986, and July, 1987, but was not renewed in July, 1988. Plaintiff has filed this suit for damages for failure to renew plaintiffs contract for what would have been his final year of residence.

The Trial Judge filed a comprehensive memorandum in which he found:

1. In his first year at Meharry, Plaintiff began to receive negative evaluations with recommendations against renewal of his contract, but his contract was renewed for the 1986-1987 year.

2. During the 1986-1987 year, the head of the surgery department received further complaints which were relayed to plaintiff with the advice that it was not likely that his contract would be renewed. However, his contract was renewed for the 1987-1988 year.

3. In the summer of 1987, defendant, Dr. Hoover, became head of the surgery department. He met with a “uniform outcry to fire” plaintiff, but did not discharge plaintiff. He did place plaintiff under strict supervision of defendant, Dr. Weaver.

4. In the fall of 1987, as a part of the Meharry program, plaintiff served in St. Anthony’s Hospital where he received several very negative evaluations.

5. In the spring of 1988, as a part of the Meharry program, plaintiff served at Veterans Hospital. The chief of surgery at Veterans Hospital sent plaintiff a written complaint of his performance, to which plaintiff responded with a letter criticizing the Veterans Hospital staff with copies to his attorneys, the Veterans Hospital chief of staff and director and to Dr. Hoover, his supervisor at Meharry. Dr. Hoover instructed plaintiff to meet him the following day for reassignment (to another hospital). On April 12, 1988, after surveying the fourth and fifth year residents, the staff voted not to renew plaintiff’s contract and to remove him from patient care for the remainder of the contract year ending June 30, 1988.

6. On or about April 28, 1988, Dr. Hoover informed plaintiff orally, and, on May 5, 1988, Dr. Hoover informed plaintiff by letter that his contract would not be renewed.

7. On May 2, 1988, plaintiff requested reinstatement or a hearing. On May 19, 1988, a hearing was conducted by an ad hoc committee composed of non-surgical staff members. The committee concurred in the decision of the surgical staff.

8. On June 7, 1988, the executive committee of the medical staff concurred in the decision of the ad hoc committee.

9. On June 17, 1988, plaintiff requested a further hearing; but, before a further hearing could be held, this suit was filed.

10. Meharry failed to follow procedures required by Article VIII of the contract by failing to provide clear notice of the agenda of the May 19, 1988, meeting, the ad hoc committee was composed of 4 instead of 3, and its proceedings were not recorded.

11. Plaintiff’s May 2, 1988, request for a hearing was vague: and, after his June 17, 1988, request for a further hearing, plaintiff abandoned the grievance procedure by filing this suit.

The Trial Judge concluded that:

1. The clinical performance of plaintiff justified the decision not to renew his contract.

2. The non-renewal of the contract was not due to imperfect grievance process, but due to plaintiff’s substandard clinical performance.

3. All damages asserted by plaintiff are speculative.

4. Plaintiff abandoned his claim to “due process.”

The judgment dismissed the suit as to all defendants.

Plaintiff has presented three issues for review, of which the first is as follows:

[905]*905(1)WAS THE TRIAL COURT IN ERROR IN ITS DETERMINATION THAT THE PLAINTIFF WAS NOT DAMAGED BY THE DEFENDANT’S FAILURE TO COMPLY WITH ITS CONSTITUTION AND BYLAWS WHICH THE COURT FOUND WERE PART OF THE PLAINTIFF’S RESIDENCY CONTRACT?

This Court agrees with the Trial Court that the overwhelming evidence shows the plaintiff to have been guilty of such a continuous pattern of unsatisfactory conduct during his three year tenure that all reasonable men would agree that any fair-minded group of his peers or superiors would have declined to retain him in residence at Meharry. Without belaboring the unpleasant details, it is sufficient to state that this finding of the Trial Court is supported by the preponderance of the evidence, and should not be reversed.

Plaintiff asserts that he received one vote in the ad hoc committee, and that, if he had been permitted to name a member of a committee of three (as required by the bylaws), then two of the three would have voted in his favor. This is interesting reasoning, but not persuasive. In the first place, the minutes of the committee do not show that plaintiff received one vote. The minutes state:

The above accurately reflects the decision reached by at least a majority of the hearing committee.
(Emphasis added.)

A majority of a committee of four would be three, but the words emphasized above import that three or more of the committee approved the decision. Moreover, if only three voted for the decision, there is no indication that one voted against. It is equally plausible to infer that one member chose not to vote, but might well have approved the decision if necessary to produce a majority of two on a three person committee.

There is no showing that any member of the ad hoc committee or the executive committee was unfairly biased against plaintiff. Also, there is no showing that a member of the staff would vote in favor of plaintiff just because he was selected by plaintiff.

The termination of a residency does not infringe upon any constitutional right of due process. Stretten v. Wadsworth Veteran’s Hospital, 9th Cir.1976, 537 F.2d 361.

A hospital is not precluded from suspending a resident with pay, but is only obliged to afford him rudimentary procedural and substantive fairness. Ezekial v. Winkley, 1977, 20 Cal.3d 267, 142 Cal.Rptr. 418, 572 P.2d 32.

A student, even one in a public institution, is not entitled to procedural due process more than some type of informal hearing. Harold W. Horne v. Cox, et al, Tenn.1977, 551 S.W.2d 690.

The Courts are ill equipped to evaluate academic performance. Board of Curators v. Horowitz,

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Bluebook (online)
811 S.W.2d 902, 1991 Tenn. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canady-v-meharry-medical-college-tennctapp-1991.