Resignation notice filed by hospital and posted by college triggers $37-million lawsuit

A notice of a doctor’s resignation submitted by an Ontario hospital and posted on the website of the College of Physicians and Surgeons of Ontario has triggered a $37-million lawsuit against the hospital, two high-ranking doctors and an agency that contracts doctors to work at the hospital. Dr. Yousef M.K. Alkurdi has filed a statement of claim in a Toronto court against Guelph General Hospital, Drs. Jennifer Caspers and Alexander Ferguson—who are chief of staff and chief of emergency, respectively, at Guelph General— and Guelph Emergency Medical Services Ltd. The lawsuit seeks $10 million for breach of contract and/or $10 million for negligent representation, $5 million for defamation and $1 million for pain and suffering. Dr. Alkurdi is also pursuing a $2 million in punitive and aggravated damages against the hospital and Dr. Caspers. Dr. Alkurdi alleges in his claim that Guelph General Hospital had falsely reported to the college that he had given up his privileges at the hospital and that the hospital administrator “had reasonable grounds to believe” his resignation was “related to the competence, negligence, or conduct of the physician,” according to a GuelphToday.com report. Read: No registration? Lawsuit says health authority should have sussed out fake nurse The lawsuit further alleges that after the CPSO posted the notice, Dr. Alkurdi—who now works at another Ontario hospital—was turned down for two positions at other healthcare agencies. Dr. Alkurdi also states in his claim that he has suffered damage to his mental health and professional reputation, loss of income, future potential income, and professional opportunities, and that his licence to practice medicine in Ontario has been put at risk. “Dr. Alkurdi experienced a severe emotional shock upon learning that the defendants had breached their promises and undertakings provided to him by making the CPSO report,” the lawsuit states. “He continues to suffer from anxiety and depression arising out of the events which, in turn, has an ongoing impact on his functioning and mental health.” According to the statement of claim, filing the notice of resignation was not mandatory and Dr. Alkurdi was told this would not be done because it wasn’t legally required. But Shae Greenfield, a spokesperson at the CPSO, pointed out in an email to the Medical Post that under the Health Professions Procedural Code of the Regulated Health Professions Act, hospitals or anyone who employs regulated health professionals in Ontario are required to report upon the "revocation, suspension or restriction of a regulated health professional for reasons of professional misconduct, incompetence or incapacity; or where the member resigns voluntarily and the employer has reasonable grounds to believe that the resignation is related to the member’s professional misconduct, incompetence or incapacity." The same law dictates that a full written report—which sets out the reasons why an employment agreement, privileges or partnership with an Ontario healthcare worker has been revoked, suspended, restricted or dissolved—be submitted within 30 days of a work contract's termination, noted Greenfield. Read: US$8.75 million awarded to family whose daughters were fathered secretly by fertility doctor According to the lawsuit, Guelph General hired Dr. Alkurdi in March 2021 to provide emergency services until December 9 of that year. However, his contract was terminated just more than two weeks before the expiration date after he agreed to waive a clause that required 90-days notice. Dr. Alkurdi claims in his lawsuit that while his contract was terminated last year, he retained his hospital privileges until June 2022 and did not give them last December, as was reported by the hospital and posted by the CPSO. The lawsuit does not provide a reason why Dr. Alkurdi’s work contract was terminated. However it recounted an alleged incident where he was accused of being an “anti-masker.” According to this account, an employee at a Goodlife Fitness gym had filed a complaint with the hospital about Dr. Alkurdi not wearing a mask at the gym, despite Dr. Alkurdi receiving a mask exemption from Goodlife. As a result of this complaint, Dr. Alkurdi—who, according to the claim, wore a mask in all public settings except Goodlife—was called in for an emergency meeting with Dr. Caspers. Read: The reality is, you might get sued: Proactive physician tips to soften the blow “(Dr. Caspers) proceeded to berate and denigrate Dr. Alkurdi during the meeting about the Goodlife hospital complaint, asserting Dr. Alkurdi’s private and legally permissible acts outside of the hospital reflect negatively on the hospital,” the lawsuit stated. Dr. Alkurdi’s claim also quoted Dr. Caspers’ report to the CPSO which, according to the lawsuit, stated: “Early in the period of association it was evident that Dr. Alkurdi had some difficulties in his clinical judgement and professional behaviour.” Those concerns were brought up during a three-month performance review with Dr. Alkurdi, according to the report cited in the claim. “By the six-month review, multiple concerns had been received from medical colleagues, nurses and support staff,” Caspers report is quoted as saying. “Dr. Alkurdi had difficulty accepting the evaluations and remediation plan and was perceived to lack insight in recognizing the interactional and clinical shortcomings observed by his colleagues.” As of September 16, the hospital had not filed a statement of the defence against Dr. Alkurdi’s allegations, which have not been proven in court. The hospital declined to comment on the case and the lawyer for Guelph Emergency Medical Services could not be reached immediately. Read: Cardiologist strikes back with defamation suit against medical resident who accused him of sexual assault

Resignation notice filed by hospital and posted by college triggers $37-million lawsuit

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