PORT ANGELES — The U.S. District Court case filed by Dr. Robert Witham of Port Angeles against Olympic Medical Center could have statewide ramifications for public hospitals and the doctors they employ, lawyers for Witham and the hospital said this week.
Witham, a medical oncologist, is alleging that there are no provisions in state law that allow public hospital taxing districts to employ doctors and that doing so creates unfair competition for private, independent doctors.
The cancer specialist said in his suit that he has lost “hundreds of thousands of dollars” and is in danger of going out of business if the hospital hires a second oncologist, which he says it plans to do.
Langley lawyer Robert Meals, who said Tuesday he wrote most of Witham’s 28-page lawsuit, and Craig Miller, the Port Angeles lawyer who represents the hospital district, said in separate interviews that Witham was taking a novel approach in filing the suit.
“I have no idea in the long run how I expect this to end up,” Miller said.
Meals, whose specialty is representing doctors, said private physicians statewide are concerned about the growing trend over the last 10 years of public hospitals employing doctors.
“Now it’s become a pandemic of sorts,” Meals said.
“The independent doctors feel they are just being driven out of practice, and that is not good for medicine because the hospitals have a higher cost for the services.
“The doctors are very, very apprehensive about this whole phenomenon.”
‘Disruptive’ policies
Meals said independent doctors are more “patient-oriented” than hospitals — and that doctors employed by hospitals must do what they are told whether or not they believe it is consistent with good quality care.
Doctors employed by hospitals also are being fired or having their privileges to use hospital facilities and equipment taken away when they raise concerns about patient care or criticize hospital policies, Meals said.
“They are called ‘disruptive’ for even bringing the subject up,” he said.
He said public hospitals in California and Illinois forbid public hospitals from employing doctors, but that in Washington state the issue is being ignored.
“Now we are trying to stop the business of ignoring it and trying to get a definition about what the rules really are here,” Meals said.
In 2004, hospital commissioners approved a policy that said certain conduct by medical staff “signals voluntary resignation.”
That conduct included “inappropriately criticizing health care professionals in front of patients, other staff or community,” “difficulty working collaboratively with others,” “poor hygiene,” and “slovenliness.”
At the time, the hospital was battling with Witham over many of the allegations now contained in his lawsuit.
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Staff writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com
