A SUPREME Court case lodged against Peel Health Campus (PHC) by a local doctor was thrown out last week with the local hospital found to have no case to answer.
Giglietto Pisano attempted to sue PHC after he said management reneged on a contract to provide operating theatre time to him and stopped referring public patients to him.
Dr Pisano, an accredited orthopaedic surgeon, had previously been afforded clinical privileges at PHC.
According to the statement of material facts, Dr Pisano provided medical services to public patients at PHC between September 17, 2009 and February 28, 2012.
Those services were invoiced to PHC and covered by a 2009 written agreement.
On November 30, 2011, former PHC chief Justin Walter wrote to Dr Pisano advising the agreement would not be extended beyond February 2012 and the doctor would no longer be required to provide any orthopaedic surgical services to public patients at PHC beyond that date.
Dr Pisano was further advised by Mr Walter he would maintain a Tuesday afternoon theatre list for private patients.
On February 21, 2012 a memorandum was issued to all emergency department staff by Director of Medical Services Aled Williams stating that Dr Pisano would no longer be able to accept public patients into PHC after February 28.
Dr Pisano continued to treat private patients until November 2012 when he was advised by Dr Williams his theatre sessions had been allocated to another surgeon after February 12, 2013.
Dr Pisano has not operated at PHC since then and cited breach of contract for his decision to take PHC to court.
Ramsay Health Care, who took over hospital management from Health Solutions WA in 2013, argued Dr Pisano’s contract was uncertain and that the former arrangement between the surgeon and the hospital was not a final agreement.
A lawyer for Ramsay Health Care said even though Dr Pisano was a credentialed practitioner, this did not guarantee an allocation of operating theatre time.
Dr Pisano’s case was dismissed.
