Cramer v. Fairfield Medical Center

914 N.E.2d 447, 182 Ohio App. 3d 653
CourtOhio Court of Appeals
DecidedJune 30, 2009
DocketNo. 2007 CA 00057
StatusPublished
Cited by6 cases

This text of 914 N.E.2d 447 (Cramer v. Fairfield Medical Center) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cramer v. Fairfield Medical Center, 914 N.E.2d 447, 182 Ohio App. 3d 653 (Ohio Ct. App. 2009).

Opinion

Edwards, Judge.

{¶ 1} Plaintiff-appellant, Timothy Cramer, M.D., appeals from the August 13, 2007 entry of the Fairfield County Court of Common Pleas granting the motions for summary judgment filed by defendants-appellees Fairfield Medical Center, William Lister, Jennifer Black Spiller (“Jennifer Black”), Vicki Sweeney, Jennifer Martin, Fairfield Imaging Associates, Ronald Osgood, M.D., Gerald Smidebush, M.D., and Susan Enlow, M.D.

STATEMENT OF THE FACTS AND CASE

{¶ 2} Timothy Cramer began his employment as a radiologist with appellee Fairfield Imaging Associates (“FIA”) in March of 2000. Appellees Enlow, Osgood, and Smidebush are physicians with appellee FIA. Smidebush is also chairman of the radiology department at appellee Fairfield Medical Center (“FMC”). While employed as a radiologist with appellee FIA, appellant provided radiology services to appellee FMC in accordance with an agreement between appellees FIA and FMC. Appellant’s employment agreement with appellee FIA stated in Section 8:

{¶ 3} “(a) In the event that Dr. Cramer at any time shall not be duly licensed or otherwise legally authorized to render professional services as a radiologist in the State of Ohio, or shall not be approved for and maintain a Medical Staff appointment at Fairfield Medical Center or its successor in interest, then this Agreement shall immediately and automatically terminate * *

{¶ 4} In 2000, appellant, who was married, began a consensual relationship with a nurse, Rebecca Flautt, who was in the radiology department of FMC. Jolene Cramer, appellant’s then wife, called appellee Enlow and told her that appellant had physically injured her and had molested their children. Enlow testified during her deposition that she thought that she had heard about the affair from a technologist and that she probably had discussed the affair with her partners. She testified that she probably spoke with Smidebush because his office was next to hers.

{¶ 5} On or about March 21, 2001, appellant sent a letter to Howard Snider-man, Vice President of Ancillary Services at appellee FMC, advising him that he was in the process of getting a divorce and that the gossip in the Radiology-Department about his relationship with Rebecca Flautt “has lately become incessant and destructive.” Appellant, in his letter, indicated that two technologists, appellees Sweeney and Black, were responsible for much of the gossip and asked that appellee FMC take action to stop the gossip. On March 29, 2001, appellee Lister, the radiology department manager, and Carol Cogossi, head of [658]*658human resources, met with appellees Sweeney, Black, and Martin, advised them of the complaint made about their gossiping, and advised them to avoid gossiping.

{¶ 6} Between March 29, 2001, and April 2, 2001, appellee Black alleged that appellant was harassing her and provided documentation of the alleged harassment to appellee Lister. On July 6, 2001, appellant reported appellee Jennifer Black and another technologist for allegedly leaving a patient unattended for at least an hour, putting the patient, who was thought to have a blood clot in her lungs, at risk. Appellant requested that the matter be investigated.

{¶ 7} Thereafter, on or about July 24, 2001, appellant sent a letter to appellee Smidebush alleging that his working relationship with Sweeney had deteriorated over the past few months. Appellant indicated that on July 19, 2001, Sweeney had, he believed, intentionally pulled the wire out of a patient having an abdominal aortagram. Appellant requested that Sweeney not be assigned to “scrub” on cases with him in the future. According to appellant, appellee Smidebush refused to investigate, telling appellant that he was the one causing the problems. Smidebush, in a letter to appellant dated July 25, 2001, stated:

{¶ 8} “You have accused her [appellee Vicki Sweeney] of intentionally performing an act while assisting you which sabotaged the procedure and caused added discomfort to the patient to re-establish arterial access. In your stated opinion, an adversarial relationship has developed which placed patients at risk. You have requested that Vicki not be assigned to ‘scrub’ on cases with you in the future.

{¶ 9} “As you know, we currently have only three trained angio techs, of which Vickie is the lead tech with the most experience. It is not possible for the department to staff the angio suite in a manner that will ensure that Vickie does not assist you during procedures.

{¶ 10} “As you have made it clear that a risk to patients exists because of your adversarial relationship, I have a duty to honor your request. Effective immediately, I am removing you from the angiography schedule in an attempt to assure patient safety. Your assigned work schedule will be adjusted accordingly.”

{¶ 11} On or about July 27, 2001, Smidebush and Osgood, president of FIA, sent a letter to appellant asking the “exact basis” for his “current discontent.” The two indicated that they could not reasonably investigate appellant’s claims until they knew who appellant was upset with, what had been done to him or said about him that appellant felt was unfair, when the events had occurred, and what information appellant had in support of his allegations. When appellant, on August 28, 2001, hand-delivered his written response, Osgood called the police and indicated that appellant had threatened him.

[659]*659{¶ 12} Thereafter, on August 31, 2001, Mina Ubbing, the president of FMC, notified appellant that he was being summarily suspended. The chairman of appellee FMC’s board of trustees, in an undated letter to appellant, stated:

{¶ 13} “Due to the escalation of various incidents regarding your disruptive behavior as a Medical Staff member at Fairfield Medical Center and in order to assure a safe environment at Fairfield Medical Center, you have been provided with notice that effective Friday, August 31st your clinical privileges and medical Staff appointment have been summarily suspended pending further investigation by the Board of Trustees. (This action is being taken pursuant to our authority and obligations under The code of Regulations of Fairfield Medical Center, Section 5.04 — -Summary Suspensions.) You were notified in person of this summary suspension by the President of the Hospital, Mina Ubbing, on Friday, August 31st, acting on my behalf as Chairman of the Board of Trustees * * *.

{¶ 14} “While other issues may or may not surface during the course of our review, the issues of concern which have led to our action are as follows:

{¶ 15} “Disruption of the normal function of the department as evidenced by:

{¶ 16} “1) complaints from staff of harassment

{¶ 17} “2) numerous unscheduled prolonged meetings of the radiology group during normal business hours and after hours to address your behavior and issues raised by you

{¶ 18} “3) conflict with department management and failure to take issues regarding staff through proper channels as requested

{¶ 19} “4) continued imposition of personal issues upon department staff during business hours

{¶ 20} “5) ongoing concern regarding your perceived threatening demeanor and cryptic remarks which raise concerns about staff safety

{¶ 21} “6) failure to alter behavior in spite of requests to do so both by Hospital Administration and the radiology group

{¶ 22} “7) a direct threat made by you to one of the other radiologists.”

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Bluebook (online)
914 N.E.2d 447, 182 Ohio App. 3d 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cramer-v-fairfield-medical-center-ohioctapp-2009.