VI Govt Hospitals et al v. Wrensford
Case Caption: VI Government Hospitals and Health Facilities Corp et al v. Wrensford Case Number: SCT-CIV-2024-0022Date: 05/19/2025Author: Willocks, Harold W.L. Citation: 2025 VI 12Summary: Considering an appeal from the Superior Court’s March 1, 2024 order, the Superior Court did not abuse its discretion in granting a preliminary injunction in favor of the appellee physician pertaining to her employment termination and clinical privileges suspension. However, the Superior Court abused its discretion in granting a preliminary injunction pertaining to the physician’s payroll reinstatement and her sick leave benefits reinstatement. Additionally, portions of the injunction exceeded the scope of that which is required to serve its purpose in this case. Thus, the Superior Court’s March 1, 2024 order granting a preliminary injunction is affirmed in part, vacated in part, and remanded in part as follows: (1) the portion of the order enjoining the Hospital and associated parties from terminating the physician pending completion of a formal investigation and ultimate Board action is affirmed; (2) the portion of the order enjoining the Hospital and associated parties from sending a negative report to the “National Practitioner Data Bank” pending completion of a formal investigation is affirmed, but the name of the reporting entity is to be corrected by replacing “The Joint commission” with “National Practitioner Data Bank”; (3) the portion of the order requiring the Hospital and associated parties to place the physician back on the payroll and reinstate all other benefits associated with employment within twenty (20) days of the entry of the order is remanded so that proper findings can be made for each of the four preliminary factors and thereafter balanced against each other as to the injunctive relief pertaining to the physician’s payroll reinstatement and sick leave benefits reinstatement; (4) the portion of the order requiring that the Hospital and associated parties have the discretion to not reinstate the physician’s clinical privileges until the formal investigation is completed, but in the interim, requiring that the Hospital and associated parties place and maintain her on the payroll pending the completion of the investigation is vacated and is remanded to the Superior Court with instructions for the immediate reinstatement of the physician’s clinical privileges; and (5) the portion of the order is affirmed to the extent that it declares that the Hospital and associated parties the right to again initiate a formal investigation, provided they do so within sixty (60) days of entry of the order, failing which they will be deemed to have waived the formal investigation, but is remanded to the Superior Court with instructions for the inclusion of a completion deadline for such formal investigation.Attachment:
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