Doctor files suit vs. Chesapeake Regional
OB-GYN claims retaliation for questioning hospital priorities
An obstetrician and gynecologist is suing Chesapeake Regional Medical Center over allegations that his hospital privileges were suspended after he repeatedly complained the facility prioritized “economics” over patient care.
Dr. Timothy J. Hardy — who has a practice in Virginia Beach called Atlantic GYN — filed his lawsuit last week in U.S. District Court in Norfolk. Also named as a defendant is Chesapeake Hospital Authority, a board of local citizens appointed to govern the hospital.
The lawsuit seeks a reinstatement of Hardy’s privileges, as well as an unstated amount of damages. A spokesperson for Chesapeake Regional wrote in an email Thursday that the hospital is unable to respond to ongoing litigation. Hardy’s attorney, Todd Gaynor, didn’t respond to a message.
According to the complaint, the hospital notified Hardy in August 2021 his medical staff privileges were being suspended. The lawsuit didn’t mention the hospital’s reason for the action.
“This notice seemingly arose from Hardy’s repeated questioning of the Hospitals(sic) management wherein he suggested the Hospital was making decisions based, not on a patient’s care and well-being, but rather economics,” the complaint states.
Hardy requested a hearing before an ad hoc committee, which was held two months later. The panel consisted of two hospital employees and a contracted agent of the facility that Hardy claims were biased against him because of their employment and financial relationship with Chesapeake Regional. Not included on the panel was a doctor in the same field as Hardy, which was the normal practice, the lawsuit said.
The committee concluded that the hospital had not acted “arbitrarily, unreasonably or capriciously” when it suspended the doctor’s privileges, the complaint said. Hardy then appealed to the governing board, which upheld the decision.
As a result, Hardy has suffered financial losses, employment opportunities, damage to his reputation and emotional distress, the lawsuit said. As recently as October, the hospital also had interfered with his efforts to get privileges at neighboring facilities, the complaint said.