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

Citation: Wash. Court of Appeals published opinion — 318583.pub.pdf
Jurisdiction: Washington (state)
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department in accordance with a call schedule to be prepared by the chair of the

Interventional Cardiology Department. In exchange, he would be paid $700 for each 24
r

II hour day of coverage. He would also have the sole right to bill for his professional

services furnished to patients under the agreement. The contract was to run from April 1,

2007 to March 31, 2008. The March 31, 2008 termination date was the day before Dr.

Sambasivan's existing appointment was due to expire.

When Dr. Sambasivan's clinical privileges came up for renewal in the spring of

2008, he was granted temporary privileges until a recommendation and final decision

could be made about his request for reappointment. Although his written call coverage

agreement expired by its terms at the end of March 2008, the medical staff bylaws and

agreements in the record support an inference for summary judgment purposes that the

hospital's practice was to enter into emergency department call coverage contracts with

5 Kadlec's failure to pay Dr. Sambasivan for call service he provided before the
date of this contract was the basis of his restitution claim. 2012 WL 5208657, at *6-8.

14
             

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

every interventional cardiologist on the medical staff. Dr. Sambasivan's 2007 call

contract provides that "[i]fPhysician is a member of the active Medical Staff at the

Medical Center, Physician acknowledges that Physician has an obligation to provide

emergency call coverage in accordance with the Medical Center's Medical Staff Bylaws,

unless granted an exemption or waiver of such obligation." CP at 425. The medical