An Okanagan eye surgeon is suing Interior Health, claiming a breach of contract.
The lawsuit stems from Interior Health deciding to relocate its retinal surgical services at Royal Inland Hospital (RIH) in Kamloops to Kelowna General Hospital (KGH).
According to court documents filed in B.C. Supreme Court on July 15, Dr. Malvinder Hoonjan is seeking damages for breach of contract and duty plus costs.
Hoonjan, who’s from Kelowna, says he had staff privileges at RIH, beginning in 2010. However, when those services were relocated in 2020, with RIH ending its retinal surgery services, he wasn’t provided staff privileges at KGH.
In the statement of civil claim, Hoonjan says IH’s decision to relocate those services stemmed from the retirement of Dr. Peter Hopp.
Hoonjan says he and Dr. Kevin Ramsey were the other two ophthalmologists at the division of ophthalmology in RIH’s department of surgery.
Hoonjan says in July 2019, he received a letter from IH indicating the pending move. The doctor says he understood it “as containing a representation” that IHA wanted him to have active member privileges and provide retinal surgery at KGH.
“Interior Health Authority did not intend to permit Dr. Hoonjan to retain active member privileges upon the relocation of hospital-based retinal surgeries to KGH,” reads the civil claim.
“As a result of the decision to relocate hospital-based surgical services to KGH, Interior Health Authority required Dr. Hoonjan to apply for a position within the division of Ophthalmology Department of Surgery at KGH.”
In March 2020, Hoonjan says he received a letter that RIH would be ending its surgical services on July 18, 2020, and that he would be allocated no further operating-room time.
Hoonjan says he applied for a position at KGH, but that on Sept. 11, 2020, IHA refused his application for hospital privileges.
Instead, the court claim says IHA hired two ophthalmologists: one who worked alongside him at RIH, and another who was a recent graduate.
“The decision to not offer Dr. Hoonjan a position at KGH was procedurally flawed as IHA did not comply with its own policies in making the decision to deny the plaintiff hospital privileges.”
The statement of claim also says Hoonjan can fluently speak English, Punjabi, Hindi and Urdu.
“The decision to not offer Dr. Hoonjan a position at KGH was arbitrary and/or capricious as Interior Health Authority did not properly check Dr. Hoonjan’s references and failed to comply with its anti-racism policy and diversity policy.”
The court document says Hoonjan has appealed the March 2020 notice, but that the hospital board has not yet rendered a decision following a hearing in November 2021.
Global News reached out to Interior Health for comment.
In an email, the health agency said, “as this matter is before the hospital appeal board and may be before the courts at some point, it would be inappropriate for IH to comment at this time.”