Alaska Superior Court Judge Kevin G. Miller has denied a local physician’s request to be allowed to work at Wrangell Medical Center pending the court’s decision on his appeal to having his privileges at the hospital denied.
In March, the WMC Board denied Dr. Greg Salard the right to see patients at the hospital. Salard soon filed an appeal in Wrangell Trial Court. He also requested the court allow him to work at WMC while his appeal is considered.
In his order filed Friday, April 27, Miller states WMC followed the required procedures set out by hospital bylaws when it made its decision regarding Salard’s privileges.
The WMC Board originally denied Salard privileges at the hospital in November 2011. It wasn’t until nearly three months later, that a “fair review hearing” was held regarding the denial of privileges, where both Salard and the WMC Board presented testimony in their defense.
Soon after the fair review hearing, the WMC Board voted to uphold its November decision to no longer allow Salard to practice at the hospital.
Salard said he disagrees the hospital followed the correct procedures in denying his hospital privileges. He said the Board should have held the fair review hearing before it made its decision last November.
“They did it backwards,” he said.
Salard has argued he will suffer “irreparable harm” if he is not allowed to visit with patients at the hospital while the court considers his appeal.
Not being allowed to practice at the hospital will affect the doctor financially and hurt his professional reputation, Salard’s motion for a “stay pending appeal” filed in court March 12 states.
Judge Miller disagrees Salard faces such irreparable harm, according to his order.
He said Salard’s request for a stay is not warranted as he already has “an adequate remedy at law.”
“To the extent that the decision making process was flawed on Feb. 21, 2012, Dr. Salard will have an adequate remedy at law for lost wages and damages to his reputation,” Miller states.
Salard is a physician working for Alaska Island Community Services (AICS), and was previously under contract to practice at WMC. Patient and WMC staff complaints against Salard allegedly played a role in denying the doctor the right to continue to practice at the city-owned facility.
Salard said he wasn’t surprised by Miller’s decision, and remains confident he will be successful in the appeal process.
“We’re still confident we’ll win at the appeal because we know the board’s decision was arbitrary and capricious,” Salard said. “The facts just don’t support pulling someone’s privileges.”
However, Miller disagrees with that argument as well.
In his order, the judge states Salard has to show that WMC’s fair hearing procedures regarding their decision were not reasonable.
“The only remaining avenue for Dr. Salard is to show that WMC used the procedures or standards in an arbitrary or capricious fashion,” the order states.
However, Salard has “not met his burden on this issue,” Miller states.
WMC attorney Stephen Rose said the hospital board is pleased with Miller’s decision, as the board followed proper procedures in its vote to deny Salard’s privileges.
WMC Board President Mark Robinson said he could not comment on the active case.
Rose said he is expecting Miller to set dates for Salard to file an opening brief regarding his appeal, and then WMC will offer its response.
Salard’s attorney Lee Holen said Miller’s decision on the stay does not change the merits of the doctor’s appeal case.
“The case is still in the same posture as it was before,” she said. “[Salard] still just cant practice at the hospital.”
While Miller’s order is ultimately in favor of WMC’s request to have the court deny Salard’s request for a stay pending appeal, the judge did order that the hospital not report Salard to any credentialing board until an outcome on the doctor’s appeal has been decided.
Reader Comments(0)