Physician sues Penn over suspension

Last October, the University Health System accused Steven Burke, a 44-year-old internal-medicine physician from Chester County, of having a drug problem and suspended him from work, immediately locking him out of his office. According to a lawsuit filed last month, however, the Health System's mismanagement of Burke's practice -- bought by Penn in 1994 -- forced him to seek psychiatric help and begin taking prescription anti-depressant drugs. The lawsuit, filed January 16 in Philadelphia Common Pleas Court, accuses Health System officials of defamation and breach of contract for suspending Burke. Other defendants involved in the suit include Chester County Hospital -- which subsequently suspended Burke -- his former partner and his former boss. Health System spokesperson Rebecca Harmon said Penn officials believe the allegations are false, and the University will "make the appropriate legal response to the allegations." Burke denies the drug-abuse charges. Subsequent psychiatric evaluations ordered by the Health System as a requirement for his reinstatement have backed up Burke's denial, the complaint states. Nevertheless, neither the Health System nor Chester County Hospital has revoked his suspension. The suit seeks unspecified but "substantial" damages for the loss to Burke's reputation, as well as the revenue he has already lost and will continue to lose in the future because of the allegations. The allegations, which were chronicled on the front page of Tuesday's Philadelphia Inquirer, offer a glimpse into the vast and complicated array of hospitals, doctors and administrators that make up the Penn Health System. The system, with annual revenue near $2 billion, comprises four hospitals with a total of 18,000 employees. Another six area hospitals are affiliated with the system, which includes more than 400 primary-care physicians and 1,000 specialists. Burke and Isaac Tam had been long-time partners in their West Chester practice when officials from Clinical Care Associates, the Penn Health System's primary-care network, approached them in 1994 wanting to buy the practice. CCA promised to expand the partners' office facilities, hire a third doctor for them and increase their salaries, in exchange for becoming employees of the Health System, the complaint states. Over the past four years, CCA has bought more than 200 small practices to provide care for patients in the Philadelphia area, the suit says. The suit also notes that CCA's promises never materialized and Burke's workload increased by more than 30 percent. CCA's failure to hire another doctor for the practice, among other infractions, constitutes a breach of contract, the suit claims. The stress of the job forced Burke to seek psychiatric help and begin taking anti-depressants, according to the complaint. Burke's Philadelphia attorney, Tom Monteverde, said yesterday that Burke never abused the prescription medication and took only what was prescribed to him. Despite the losses CCA was taking at the time, Burke's practice was a financial success, the suit says. The relationship between Burke and his partner, Tam, became increasingly frosty during this period because of Tam's "inability, for significant periods, to carry his share of their workload," the suit alleges. The suit accuses Tam of telling patients, physicians and Chester County Hospital officials that Burke was "an impaired physician" and others that he was manic depressive. Tam, who gave a deposition in the case last week, said yesterday that he did not want to hurt Burke's reputation, but had "no option but to bring [Burke's psychiatric problems] to the attention of the appropriate medical personnel." In December, Health System officials told Burke's attorneys that they would reinstate him if he waived the right to sue for defamation. Burke refused the offer, Monteverde said. Burke is asking for a temporary injunction that would allow him to regain his privileges at Chester County Hospital. A hearing on the matter is scheduled for March 3. The parties are in settlement negotiations, though neither side would comment on their status. The litigation could take years to resolve because the amount of compensatory damages Burke would be entitled to receive cannot be determined until he returns to practice and it becomes clear how much the suspension affects his business, Monteverde said. Burke is willing to continue his relationship with CCA if he is given his own practice, Monteverde added. Meanwhile, Burke has received an outpouring of support from former patients since the article was published in the Inquirer, Monteverde said, and is eager to return to work.

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