Dec 24, 2024

New Mexico Doctor Sues Hospital for Defamation

by Nadia El-Yaouti | May 13, 2022
A doctor writing notes, with a stethoscope and computer in the foreground. Photo Source: Adobe Stock Image

A New Mexico cardiologist has filed a lawsuit against several defendants including Holy Cross Hospital (named Taos Health Systems Inc. in the suit), the hospital's board, and several other individuals. The plaintiff, George J. Madera, M.D., is suing for damages and is accusing the defendants of defamation, breach of contract, intentional interference with contractual relations, and intentional interference with prospective economic relations.

Taos Health Systems Inc. operates several medical facilities, including Holy Cross Hospital. Dr. Madera worked for the hospital’s cardiology department as a board-certified general and interventional cardiologist. Following scheduling and patient care issues that he observed, Dr. Madera voiced his concerns but was then terminated from the hospital in March 2019. The lawsuit details that his termination was the result of “vocal criticism of the Hospital’s scheduling processes and plaintiff’s direct interpersonal communication style, which had drawn criticism from members of the Hospital’s staff.”

The lawsuit details that Dr. Madera realized there were scheduling issues within the cardiology department and that these issues impacted patient care. The lawsuit explains that among his concerns were providers occasionally ordering the wrong cardiology test on their patients along with “significant delays” in putting patients on the schedule for cardiac tests.

After voicing his concerns, Dr. Madera was subsequently fired without proper notice The termination came from the hospital's CEO, Mr. Bill Patten. According to the complaint, Patten went ahead with the opaque termination process despite knowing that the termination would hinder Dr. Madera’s career prospects moving forward.

The lawsuit brings up the issue of a credentials committee meeting held without Dr. Madera’s knowledge about his privileges at the hospital. Despite having been terminated, committee members discussed and voted on revoking Dr. Madera’s privileges at the hospital. The lawsuit details that Dr. Madera was “not given an opportunity to attend the meeting or otherwise defend himself against the allegations levied against him.”

Following the committee meeting, the hospital “filed a false and defamatory adverse action report” with the National Practitioner Data Bank (NPDB). The NPDB is an online database that houses reports regarding medical malpractice and any other adverse actions against healthcare providers, practitioners, and medical suppliers.

The lawsuit contends that the hospital had no legitimate or lawful reason to file the report but went ahead with it anyway. It goes on to explain that the report was filed almost a month after Dr. Madera was terminated from the hospital which automatically resulted in the termination of his privileges with the hospital. Dr. Madera contends that because a report based on his time at the hospital has now been filed, his prospects of employment opportunities are now hindered.

In the summer of 2020, the hospital finally agreed to withdraw its adverse action report against Dr. Madera from the NPDB. The hospital also acknowledged that the report should not have been filed in the first place. However, by the time the report was retracted, Dr. Madera contended that the damage was already done and that his reputation and career had already been impacted. The lawsuit details that although the report was withdrawn, the New Mexico medical board and other licensing bodies continued their investigation into him.

Dr. Madera is suing for damages including emotional distress, loss of past and future income, attorneys fees, and more.

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.

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