Lawyer to CHCC: Withdraw termination notice

A lawyer representing Dr. Grant Walker, the orthopedic surgeon who recently left the public hospital, has demanded the withdrawal of the decision by the Commonwealth Healthcare Corp.’s governing body to terminate Walker’s medical privileges at the hospital due to a host of allegations that the lawyer said are without basis and misleading.

Attorney Daniel T. Guidotti wants CHCC interim CEO Esther Muña to rescind the decision and to apologize to the doctor for what he described as improper treatment of the physician.

Walker was hired on a one-month contract with the corporation to serve as its orthopedic surgeon, a position that has been vacant for more than a year.

Days before the expiration of his contract, the doctor was issued a notice terminating his medical privileges at the Commonwealth Health Center, which barred him from using the hospital’s facility. Walker had initially expressed his intention to stay on island and join the private sector to continue providing orthopedic services.

Based on the Nov. 23 termination notice issued to Walker, the governing body cited several reasons for his termination, including allegations of insubordination, inappropriate gestures to a minor patient, unprofessional conduct and disruptive behavior. The governing body stated that its action was based on reports and observed incidents it received.

Saipan Tribune learned that Walker’s lawyer wrote Muña on Nov. 27 in response to the termination notice. Quidotti demands three things from CHCC: 1.) withdrawal of the Nov. 23 letter; 2.) a written apology to the doctor because of the “unnecessarily public manner” in which the letter was delivered; 3.) and grant the doctor his medical privileges at CHC in order to enable him to open a private practice in the Commonwealth.

The lawyer said he had an opportunity to investigate the allegations against the doctor and found them misleading and possibly false. Guidotti reportedly interviewed the “minor patient” and determined that Walker’s conduct toward the patient was not inappropriate in the manner suggested in the termination notice.

The lawyer also justified the action taken by Walker, who the governing body alleged failed to meet the interim CEO to hear the doctor’s side.

“Dr. Walker asserts that he was attempting to meet with Ms. Muña of his own violation in order to smooth over a previous misunderstanding. According to Dr. Walker, he believed that at 5pm, on Nov. 22, that Ms. Muña had finally agreed to see him. Dr. Walker never knew that others were going to be present at 5pm. I note that the Nov. 23 letter states that Dr. Walker was invited to meet with “us” yesterday, but fails to explain who “us” is or how and when Dr. Walker was supposedly notified of this meeting,” according to the lawyer.

The lawyer also disclosed that the claim of insubordination appears to have arisen from Walker’s medically reasonable judgment that a particular patient should not undergo the course of treatment recommended by Dr. Sherleen Osman, the hospital’s director for medical affairs. He said that given Walker’s years of experience as an orthopedic surgeon, it is “patently unfair” to label professional competence and refusal to endanger the life of a patient as insubordination.

According to the lawyer, CHCC must apologize for the manner in which CHCC caused the termination letter to be delivered to the doctor. He said Walker was sitting at Johnny’s with other patrons on Nov. 23 when a CHC security guard flanked by two police officers delivered the notice. The security guard allegedly stated that Walker would be forcibly removed from CHC if he returned to the premises, in full view of other patrons at Johnny’s.

“This situation is unfortunate—CHC has lacked an orthopedic surgeon for more than a year. CHC should be striving to keep experienced medical staff, not barring them from the hospital,” according to the lawyer who ask for a written response to his letter in 14 days.

Dr. Walker flew back to Idaho last week where he was originally recruited by the corporation.