A Kelowna ophthalmologist has filed a lawsuit against Interior Health, claiming breach of contract and breach of duty of good faith. Dr. Malvinder Hoonjan says the health authority did not comply with its anti-racism and diversity policies and failed to properly check his references in refusing his application for hospital privileges at Kelowna General Hospital in September of 2020. In his notice of claim filed last week, Dr. Hoonjan, who has a subspecialty in vitrea-retinal surgery, says he was granted hospital privileges at Royal Inland Hospital in 2010 and active medical staff privileges as one of three ophthalmologists within the surgical department of the hospital alongside Dr. Peter Hopp and Dr. Kevin Ramsey. Interior Health advised the doctors, in writing July 18, 2019 that Dr. Hopp was retiring and, as such, after considering ophthalmology at both RIH and KGH, determined retinal surgery services would be relocated to Kelowna. The letter stated the number of full time positions would be increased as a result of the expansion, and invited both Dr. Hoonjan and Ramsey to apply. “Dr. Hoonjan reasonably understood the letter as containing a representation that Interior Health Authority desired Dr. Hoonjan to continue to have active member privileges and provide hospital-based retinal surgery at KGH,” the suit claims. “Despite the representation, 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.” IH hired Dr. Ramsey and Dr. Aaron Joe, a recent graduate, to the positions, refusing Dr. Hoonjan’s application for hospital privileges. The suit claims IH did not follow its own policies when it denies Dr. Hoonjan’s application. “The decision not to 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.” While not specifically saying the refusal was racist, the suit does point to the policy “that considers race, colour, ancestry, place of origin and religion in the recruitment and appointment of physicians. “The anti-racism policy and diversity policy requires the defendant to take into consideration and promote diversity in all facets of its operation and to proactively eliminate racism as a factor in decision making in relation to staff.” Dr. Hoonjan was also informed in March of 2020 that, as of July 18 of that year, RIH would no longer be providing retinal surgical services. The doctor appealed that decision to the Hospital Appeal Board, but a ruling has not been rendered yet. Dr. Hoonjan says he has suffered loss, damage and expense as a result of actions taken by IH. Allegations contained within the suit have not yet been argued in a court of law. Interior Health has not yet responded to the lawsuit.
