HILO — A lawsuit over whether a state Department of Health official can substitute other physicians for a psychiatrist contracted with Kona Community Hospital will play out in a Kona courtroom starting next week. ADVERTISING HILO — A lawsuit over
HILO — A lawsuit over whether a state Department of Health official can substitute other physicians for a psychiatrist contracted with Kona Community Hospital will play out in a Kona courtroom starting next week.
Dr. Barry Worchel is seeking an injunction against Gregory Keane, public health program manager for the Hawaii County Community Mental Health Center Branch of the state agency. Worchell claims Keane is interfering with his contract with Global Medical Staffing, which provides contract physicians to supplement the sole on-staff medical doctor at Kona Community Hospital.
Third Circuit Court Judge Ronald Ibarra has scheduled the first hearing in the case for 10 a.m. March 30. Worchel was denied a temporary restraining order Friday; the hearing will determine whether a preliminary injunction should be granted to prevent further attempts to work around Worchel’s contract.
“The point about this case is that a government bureaucrat is interfering with a private contract in favor of a particular psychiatrist and detriment of others, which is resulting in the denial of medical psychiatric services to individuals who come into the Kona Community Hospital on weeknights, weekends and holidays,” said Worchel’s attorney, Ted Hong. “It has the intended effect of also driving out highly qualified psychiatrists from the West Hawaii community, because they can’t earn a living.”
A complaint in a lawsuit tells only one side of the story. Keane declined comment Monday and declined to identify his attorney, whose name is not yet part of the court record. A Kona Community Hospital spokeswoman referred questions to Hawaii Health Systems Corp., which weren’t returned by press time Monday.
A spokesman for the state Department of the Attorney General said he’s not aware the complaint, which was filed March 10, has yet been served. Defendants must answer complaints within 20 days, according to the state rules of civil procedure.
The lawsuit claims four counts: tortious interference with a contractual right, intentional interference with prospective business advantage, intentional infliction of emotional distress and injunctive relief.
The lawsuit seeks declarations that Worchel had a legally binding and enforceable employment contract, that Keane was not a party to the contract and had no authority or control to reject, ignore and/or cancel the schedule, among others.
It seeks unspecified damages for compensatory, economic and punitive relief and attorney fees.
“During the calendar year of 2016, defendant Keane personally ignored, rejected and/or cancelled the plaintiffs’ schedule to provide medical services and/or on-call medical services at the Kona Community Hospital without any justification and/or authority,” the lawsuit states. “He would substitute another physician who was given preference by defendant Keane in place of the plaintiff to provide medical services and/or on-call medical services at the Kona Community Hospital.”
