Bradford Regional Medical Center officials did not have grounds
to fire Dr. Edward Miskiel last month, according to a breach of
contract lawsuit filed by the doctor this week.
Miskiel, through his attorney Douglas Maloney of Langhorne,
filed a lawsuit Tuesday in Bucks County Court, alleging he
shouldn’t have been prevented from practicing medicine at the
facility.
Maloney explained to The Era that a lawsuit can be filed in any
county in the Commonwealth and the two sides can then argue where
the case can be heard, if disputed.
Bradford Regional Medical Center and Bradford Regional Medical
Systems have also filed a lawsuit against Miskiel in McKean County
Court, citing the doctor kept improper and incomplete medical
records and viewed pornographic Web sites on BRMC-owned
computers.
The oncologist started working at BRMC though Bradford Regional
Medical Services, which handles physician employment, on Nov. 1,
2004. He was fired Jan. 10 of this year in a letter by BRMC
President and Chief Executive Officer George Leonhardt.
“Since Jan. 10, 2006, Miskiel has been ready, willing and able
to resume work pursuant to the contract, but Leonhardt, the board
of directors and the BRMS have refused to allow Miskiel to return
to the BRMC and to perform work under his contract,” the complaint
said.
According to the lawsuit, Miskiel was to be paid $400,000 per
year for three years; the contract would end Oct. 31, 2007.
According to the lawsuit, there were only two circumstances
under which the contract could be terminated – by mutual agreement
or by Miskiel being indicted or charged with certain criminal
violations.
The doctor contends that he “endeavored to perform all
hematology and medical oncology services in accordance with
standards of care governing physicians” and that he increased the
oncology department’s patient load threefold. This resulted in the
need for more clerical help, he said in the complaint.
Miskiel asked for help in keeping up with the dictation, but
“BRMC failed and refused to provide him with a typist or sufficient
clerical staff.”
A typist was hired in late 2005.
Miskiel alleges that BRMC placed “unreasonable demands” on him
with “arbitrarily-established time frames” that he could not
meet.
While he said BRMC said the basis for his termination was
Miskiel’s failure to have the charts typed, he maintains he kept
accurate charts and accurately “coded” his medical services. The
codes are utilized in billing private and public insurances.
The doctor alleges that he’s entitled to $756,346.99 for his
salary from Jan. 10, 2006, to Oct. 31, 2007.
Since he hasn’t been paid his wages, fringe benefits and wage
supplements, the defendants are violating the Wage Payment and
Collection Law, the lawsuit said.
The complaint adds that since there is “no good faith dispute,”
he is entitled to his wages.
“Prior to entering into the contract, plaintiff was assured by
(Leonhardt) that the contract could not be terminated except under
certain very restricted conditions, none of which apply in the
present case.”
The first count of the complaint – breach of contract – is aimed
toward BRMS. The second count, regarding the Wage Payment and
Collection Law, is directed to BRMC officials and board of
directors.
A third count, fraud, is leveled against Leonhardt as an
alternative in pleading since Miskiel avers that he relied on what
Leonhardt told him before moving his family – a wife and two minor
children -ðfrom Bucks County to commit to a position in
Bradford.
“As a result of Defendant-Leonhardt’s false and fraudulent
statements with regard to the termination clause of the contract,
Plaintiff has been damaged in lost income and lost professional
opportunities, disruption of his family by moving 5 1/2 hours away
from their previous residence …”
In addition to the wages, the WPCL provides that Miskiel should
be entitled to liquidated damages – 25 percent of the total amount
of wages due, or $500, or whichever is greater, the complaint
said.
BRMC officials received a call from Miskiel’s attorney about the
lawsuit, but had not received a copy of the official complaint as
of Wednesday afternoon.
BRMC is represented by Henry Casale of Horty, Springer &
Mattern of Pittsburgh.
In addition to Leonhardt and Senior Vice President Glen
Washington, board members of BRMC and BRMS are named as
defendants.
They are Dr. Richard McDowell, Edwin Pecht, Deborah Allison,
Michael Cahill, Carlyle Conn, Rev. J. Arthur Cox, Dr. Donald
DeForno, Martin Digel, Frederick Gallup, Dr. David Godfrey,
Harrijane Hannon, Christopher Hauser, Daniel McCune, Sandra
McKinley, Dr. Narayan Nayak, Dr. Waldemar Szczupak, Dr. Robert
Tahara and Tom Urban.
