Reference no: EM133397881

Dr. Smith is a valuable member of Hightower Hospital's Medical Staff, he and his Pulmonary Medicine group account for nearly 15% of the Hospital's inpatient admissions, but there is a problem. Dr. Smith is known among the nurses as a "womanizer", a little too free with his hands and a little too suggestive in conversation, but this has never resulted in a complaint. However, now, the CEO, Ms. Green, has just received the third employee complaint about his behavior in the last 4 years. All of them are the same, it is alleged that, in the late evening, in a dark Radiology file room Dr. Smith rubs up against an attractive, young female file clerk in a sexual fashion; these are unwanted sexual advances.

In resolving prior complaints Ms. Green has spoken with Dr. Smith and placed a memo in his file. The next time she had a supervising physician speak with him and warn him that his actions were illegal and could lead to further discipline. Each time he has apologized and said it was unintentional; but now there is a clear pattern. Ms. Green is worried about Hightower employees and providing a safe environment, she is worried about Dr. Smith's office patients as well as those he treats in Hightower Hospital. She is worried about the liability that Hightower Hospital might be exposed to.

What should Ms. Green do? She has considered several possible courses of action. She can ignore the problem and expect it will go away and not reoccur for several years. She can again speak with Dr. Smith and threaten him with discipline. She can seek to start an action before the Medical Staff to have him officially sanctioned. Or she can seek to start an action to have him removed from the Hightower Medical Staff and reported to the State Board of Medical Examiners. There are probably other options but these are the ones that have come to Ms. Green's mind.

What course of action or actions would you recommend to Ms. Green? Please explain your recommendations and cite any relevant case law that applies.