Wash. Court of Appeals published opinion — 318583.pub.pdf

Sambas ivan be reinstated, but that his acute and emergent surgical procedures be

restricted. The board rejected the recommendation and voted to reinstate Dr. Sambasivan

without the restrictions.

The board also acted at the meeting on a recommendation that all interventional

cardiologists perform a minimum of 150 interventional procedures every two years as a

condition to retaining or obtaining interventional cardiology hospital privileges. The

volume-based proficiency standard is approved by the American College of Cardiologists

and the American Heart Association. Kadlec's Medical Staff Quality Committee and its

MEC both recommended that physicians with existing privileges be given a year to come

I Kaldec's medical staff bylaws and agreements contemplate an emergency room
rotation "call" schedule under which interventional cardiologists are assigned
responsibility for 24-hour call periods in which they are required to furnish emergency
medical/surgical services to medical center patients as needed.

3
             

No. 31858-3-111
Sambas ivan v. Kadlec Med. Ctr.

into compliance with the new proficiency standard. The board instead chose to give the

proficiency standard immediate effect and applied it retroactively.

Dr. Sambasivan was the only interventional cardiologist on staff who failed to

meet the standard as retroactively applied. He was ineligible for renewal of his

interventional cardiology privileges as a result. Dr. Sambasivan remained on Kadlec's

medical staff with privileges to practice noninterventional cardiology.2

In 2009, Dr. Sambasivan amended his complaint, dropping his discrimination

claim and adding federal and state claims of retaliation. In support of his retaliation