Dr. Jake Lambert Signed An Employment Agreement

3. Following the decision of that court, Baptist continued his counterclaim before the District Court and brought an application for summary judgment, followed by an application for a finding or, in the alternative, a partial summary judgment. The District Court rejected Baptist`s motions. Dr. Lambert also filed a motion for summary judgment, which was granted by the Borough Court, and the District Court dismissed Baptist`s counterclaim against Dr. Lambert. He noted that “[b]ecause Dr. Lambert was established that he was not fit to practise medicine mentally, physically or elsewhere, and because he was dismissed from his employment relationship, this court finds that his performance under the physical services agreement was not legally practicable or impossible.” On the basis of the report`s finding that Mr. Lambert was unable to practice medicine, the hospital suspended his personal privileges and found that his actions were “detrimental to patient safety.” Dr. Lambert said his suspension would be reported to the National Practitioner Data Bank, but he did not assert his rights at a hearing and his lawyer did waive those rights, as court documents show. After Dr. Lambert`s employment contract, the suspension gave the hospital the power to terminate it, which he then did.

15. In response, Baptist Health Systems and the hospital assert that Dr. Lambert has not shown that they have not failed in any duty. The hospital says it was in full compliance with its statutes and federal and state laws when it suspended Dr. Lambert`s privileges based on Dr. Anderson`s report. The suspension then gave Baptist Health Systems full authority, under the employment contract, to terminate Dr. Lambert`s hiring.

Lambert v. Baptiste Mem`l Hosp.-N. Miss. Inc., 67 d.3d 799, 800-02 ( ¶2-10) (Miss.Ct.App.2011). There was no real material question of fact that Dr. Chez Lambert was diagnosed with obsessive personality disorder by force, and the report describing his diagnosis was signed by two doctors: Dr. Alexis Polles and Chapman Sledge; and two licensed psychologists: Dr. Ed Anderson and Dr. Austin Smith. The District Court issued a summary judgment in Baptist`s favour, and Dr. Lambert appealed.

This court upheld the granting of an emergency judgment by the District Court. Id. at 800 (1). 24. Dr. Lambert submits that the summary judgment in His assertion of the intentional addition of emotional stress was inappropriate. He claims that the hospital and the health care system deliberately violated his employment contract, took away his livelihood and deliberately provided the database with false information that he is unable to practice medicine. Dr. Lambert argues that these acts come down to the extreme and revolting behavior necessary to prove the intentional addition of emotional stress.

Due to the suspension, Health Services terminated Dr. Lambert`s contract. It is indisputable that the employment contract allowed for the termination of employment due to the suspension of hospital privileges. 19. In its Limbert decision, the applicant exercised its explicit right to terminate a contract by giving the other party a period of sixty days. The Supreme Court found that there had been no infringement of the validity of the agreement. In addition, the Supreme Court has decided that; “This court has held that a party has not breached the implied obligation of good faith and fair trade if the party `has taken only those acts which have been duly approved by the treaty`. Id. at 999 (¶ 14) (cited GMAC v. Baymon, 732 so.2d 262, 269 (Miss.1999)). The applicant did not act in bad faith by merely exercising its contractual right of termination.

14. In particular, Dr Lambert states that Baptist Health Systems obtained its employment relationship on the basis of Dr. Anderson`s report to Dr. Lambert had the opportunity to obtain a second opinion. Dr. Lambert says he should have received medical leave before terminating the contract. This is Mr. Lambert`s argument that the hospital relied badly on Dr. Anderson`s report. . . .

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