Victor Bernard Williams, M.D. v. Baptist Health D/B/A Baptist Health Medical Center

2020 Ark. 150, 598 S.W.3d 487
CourtSupreme Court of Arkansas
DecidedApril 23, 2020
StatusPublished
Cited by20 cases

This text of 2020 Ark. 150 (Victor Bernard Williams, M.D. v. Baptist Health D/B/A Baptist Health Medical Center) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Victor Bernard Williams, M.D. v. Baptist Health D/B/A Baptist Health Medical Center, 2020 Ark. 150, 598 S.W.3d 487 (Ark. 2020).

Opinion

Cite as 2020 Ark. 150 SUPREME COURT OF ARKANSAS No. CV-17-924

Opinion Delivered: April 23, 2020 VICTOR BERNARD WILLIAMS, M.D. APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, SIXTH DIVISION [NO. 60CV-14-808] V. HONORABLE TIMOTHY DAVIS FOX, JUDGE BAPTIST HEALTH D/B/A BAPTIST HEALTH MEDICAL CENTER ET AL. AFFIRMED IN PART; REVERSED AND REMANDED IN PART; COURT OF APPELLEES APPEALS OPINION VACATED.

JOHN DAN KEMP, Chief Justice

Appellant Victor Bernard Williams, M.D., appeals the Pulaski County Circuit

Court’s dismissal of his action against appellees Baptist Health d/b/a Baptist Health

Medical Center, Doug Weeks, Tim Burson, M.D., T. Robert Moffett, M.D., Scott Marotti,

M.D., Frederick A. Meadors, M.D., Robert Casali, M.D., T. Robert Moffett, M.D., Susan

Keathley, M.D., William Everett Tucker, Jr., M.D., and Chris Cate, M.D. (collectively

“Baptist Health appellees”), and John M. Hearnsberger, M.D. For reversal, Dr. Williams

argues that the circuit court erred by denying him a jury trial on his bylaws-compliance

claim, denying his motions to compel discovery of peer-review information, finding that

Baptist Health substantially complied with its bylaws, and granting summary judgment on several claims in favor of Baptist Health appellees and Dr. Hearnsberger. We affirm in part

and reverse and remand in part.

I. Facts

Dr. Williams, a cardiothoracic, vascular, and general surgeon, joined the medical

staff of Baptist Health in November 2003. In early 2010, Dr. Guy Gardner, then-Chief

Medical Officer for Baptist Health, reviewed several of Dr. Williams’s surgery cases and

reported concerns about the standard of care he had provided in some cases to Doug

Weeks, then-Senior Vice President and Administrator of Baptist Health, and Dr. Tim

Burson, then-Chair of the Surgery Control Committee.

On February 5, 2010, Dr. Williams met with Weeks and Dr. Burson. During that

meeting, Weeks and Dr. Burson informed Dr. Williams that there would be a further

investigation into his cases. They gave Dr. Williams the option to voluntarily resign from

the medical staff at Baptist Health, but Dr. Williams declined to resign his position.

On March 23, 2010, Dr. Burson notified Dr. Williams by letter that the Surgery

Control Committee met on March 15 and reviewed eleven cases where Dr. Williams was

the operating surgeon. That Committee identified apparent or suspected deviations from

standard clinical practice in five of those cases. The letter stated that the five cases would be

discussed at an April meeting and Dr. Williams’s attendance at the meeting was

mandatory.

2 At an April 12, 2010 meeting of the Surgery Control Committee, Dr. Williams

appeared and answered questions about the five cases. After the meeting, the Surgery

Control Committee recommended the following course of action:

After reviewing the above cases and providing an opportunity for Dr. Williams to respond to the questions posted by the Committee members, the Committee believes these cases raise significant concerns with regard to quality of care as described above. Dr. Williams was unable to address these concerns. Accordingly, the Committee recommends that a request for corrective action be made. In addition to the specific concerns outlined above, the Committee has a general concern with Dr. Williams’[s] unwillingness to acknowledge the identified issues or take responsibility.

On April 16, 2010, Dr. Burson submitted a written request to Weeks that the

Credentials Committee investigate the five cases under review and take any corrective

action that it deemed appropriate. That same day, Dr. Keathley, chairperson of the

Credentials Committee, notified Dr. Williams by letter that the Committee had received a

request for corrective action and was investigating the quality of medical care he provided

in the five cases. The letter stated that the Credentials Committee would meet on April 21

to discuss the matter and that his attendance was mandatory. On each case, he was told to

be prepared to discuss (1) pre-operative judgment, (2) medical decision-making, (3)

technical ability, (4) ability to recognize post-operative complications, (5) lack of timely

follow-up, (6) documentation, and (7) unwillingness to acknowledge identified issues and

take responsibility. Finally, Dr. Williams was advised that, depending on the outcome of

the interview and resulting action by the Credentials Committee, the matter could result in

3 the suspension or termination of his staff appointment and clinical privileges at Baptist

Health Medical Center – Little Rock and other Baptist Health facilities.

The Credentials Committee met and interviewed Dr. Williams on April 21, 2010.

In its report and recommendation, the Credentials Committee made specific findings of

fact and conclusions of law. It found sufficient evidence to warrant terminating Dr.

Williams’s staff appointment and clinical privileges and recommended termination. It also

immediately suspended Dr. Williams’s clinical privileges pending further proceedings

pursuant to the applicable bylaws and professional-staff rules. The same day, Weeks

notified Dr. Williams of the Credentials Committee’s action, sent him a copy of the report

and recommendation, and informed him that he had thirty days after receipt of the letter

to request a hearing. On May 25, 2010, Dr. Williams, through his attorney, notified Weeks

that he was appealing the Credentials Committee’s decision to the Hearing Committee

and that he was seeking a hearing on the actions taken against him. Williams also asserted

in the letter that he “believe[d] the decision of the Credential[s] Committee to have been

racially biased and discriminatory.”

On February 28, 2011, the Hearing Committee held its hearing that lasted almost

six hours. The next day, the Hearing Committee issued its report and recommendation to

the Baptist Health Board of Trustees affirming the Credentials Committee’s

recommendation that Dr. Williams’s staff appointment and clinical privileges be

terminated. Weeks notified Dr. Williams of the recommendation on March 2 and advised

him that he had seven days after receiving the notice to request appellate review.

4 On March 10, Dr. Williams requested appellate review of the Hearing Committee’s

decision. After reviewing relevant documents, including the February 28 hearing transcript

and written statements submitted by the parties, the Appellate Review Committee met and

affirmed the Hearing Committee’s report and recommendation. The Appellate Review

Committee also made specific findings that (1) the staff bylaws had been followed; (2) the

decision of the Hearing Committee was based on substantial evidence of record; and (3)

the Hearing Committee’s decision was reasonable in light of the hospital’s duty to the

public. On April 14, Weeks notified Dr. Williams by certified mail of the Appellate Review

Committee’s action. Weeks also advised Dr. Williams that the Board of Trustees Executive

Committee, acting on behalf of the entire Board, affirmed the Appellate Review

Committee’s action and that Dr. Williams’s appointment and clinical privileges at Baptist

Health Medical Center – Little Rock were terminated, effective immediately.

Additionally, in June 2010—while Dr. Williams’s administrative appeal was

ongoing—Baptist Health reported the suspension of his clinical privileges to the National

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2020 Ark. 150, 598 S.W.3d 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-bernard-williams-md-v-baptist-health-dba-baptist-health-ark-2020.