Kadlec Medical Center v. Lakeview Anesthesia Associates

Important Facts

• Dr. Berry
• Anesthesiologist with the Louisiana Anesthesia Associates
• Practiced at the Lakewood Regional Medical Center from November 2000 through March 2001
• Berry abused Demerol
• Lakeview administrators decided to monitor Berry’s use, mandating that he follow a treatment plan
• Berry did not follow the treatment plan
• He confessed to having taken Demerol
• Lakeview Medical fired Berry “for cause” on March 27, 2001

Decision of the Lower Court

• Kadlec received letters of approval from Berry’s former partners Dr. Dennis and Dr. Preau
• On October 17, 2001, Kadlec sent Lakeview a detailed credential questionnaire regarding Berry, inquiring about possible “disciplinary action”, “ability to perform” and “behavior problems”
• Lakeview responded with a generic response indicating the dates of his tenure at Lakeview
• Berry suffered a back injury from a car accident while in Montana, which was made known at Kadlec, followed by a behavioral change, including mood swings and sickness

• Jury found in favor of the plaintiff
• They stated that LMC’s, and Dr. Preau's, and Dr. Dennis's misleading referral letters were ultimately responsible for Kadlec’s injury

• September 2002- Berry failed to give a patient a correct dosage of morphine during a surgery, nearly killing the patient
• November 12, 2002- Berry assisted with several surgeries
• Many perceived his work as sloppy, with patients being negatively affected by his dosing
• Berry’s fifth patient on November 12, Kimberley Jones, became incapacitated due to a dosing error, and slipped into a permanent vegetative state
• The nurse who found Jones unconscious reported Berry to her supervisor
• Berry admitted to his Demerol abuse, citing his car accident in Montana as the cause
• He wrote a confession and checked himself into drug rehabilitation
• Jones’s family sued Dr. Berry and Kadlec

Issues Addressed at Appeal that are Relevant to Class

• Does a past employer have an affirmative duty to disclose?

Arguments

Defendant

Argument

Plaintiff Argument

LMC, Dr. Dennis, and Dr. Preau stated they cannot be held liable for what they did or did not say in letters of recommendation

• Kadlec stated that because of the letters of recommendation from the doctors and the hospital they were led to believe that Dr. Berry was an acceptable hire
• This led them to lose a patient, a lawsuit and millions of dollars

Winner

• LMC, Dr. Dennis and Dr. Preau did not have a duty to disclose any information regarding Dr. Berry
• The court stated it was reasonable for them to assume a defamation lawsuit if they disclosed information regarding Dr. Berry
• They also stated the importance of privacy protection for the employee

• Not reasonable to expect disclosure of sensitive information
• Kadlec did not perform due diligence prior to hiring Dr. Berry
• Drs. Preau and Dennis had right to protect themselves from defamation lawsuits
• Kadlec had warning signs regarding Dr. Berry's problem, which they ignored

Rationale of Judge

Opinion of Team Members

• Judge reasoned it is too much to ask a former employer to decide which information they can or cannot say in regard to a past employee without putting them in danger of a defamation lawsuit
• LMC was found not responsible because they did not say anything positive or negative about Dr. Berry, instead they stated that they could be contacted for further information
• The doctors were not responsible because they had no obligation to disclose negative information regarding Dr. Berry

Relevance of Case to a Subject Discussed in Class

• This case is related to the hiring process and what past employers are allowed to say and not say to prospective employers
• You cannot be fraudulent or defamatory in your statements regarding past employees

Team 3 Case Analysis

Kadlec Medical Center v.

Lakeview Anesthesia Associates

Team 3 members:

Adriana Griffin

Ian Hacker

Guadalupe Hernandez

Matthew Hobson

Sean Hudson