Three Indian American cardiologists who last year filed a racial-bias lawsuit against Citizens Medical Center in Victoria, Texas (I-W, Aug. 26, 2011), won their appeal before the U.S. Fifth Circuit Court of Appeals, the Victoria Advocate reported Jan. 13.
The court ruled in favor of cardiologists Ajay Gaalla, Harish Chandna and Dakshesh Parikh regarding their equal protection claims. The court also kept all the hospital board members as parties in the lawsuit, according to Monte James, lead attorney for the doctors.
“They are very happy about the Fifth Circuit ruling in their favor," James told the Victoria Advocate. The three Indian American physicians alleged that a pattern of racial discrimination began in 2007 and culminated in their being excluded from practicing at the 344-bed hospital from Feb. 17, 2010.
Citizens passed a resolution to allow only cardiologists with contracts at the hospital to exercise clinical privileges in the cardiology department. The doctors filed a lawsuit against the hospital claiming significant monetary losses. A district judge subsequently granted them a temporary injunction, forcing Citizens Medical to allow them to be reinstated with all privileges.
However, an appellate court overturned that decision. The doctors then appealed that ruling. Chandna, Gaalla and Parikh are all board-certified cardiologists who, according to the Texas Medical Board, have been licensed in Texas for periods ranging from 13 to 18 years.
In the process of the lawsuit, e-mails and memos written by administrators and doctors at Citizens Medical were introduced into court that plaintiffs say show a pattern of bias. The memos had statements including “The Indians had been sending the hearts out of town” and “Another year with the Indians.” One memo called two rival groups at the hospital “Cowboys” and “Indians.”
Citizens claimed that the resolution that was passed was based on the three physicians having issues with Dr. Yusuke Yahagi, a cardiovascular surgeon at the hospital.
The case is on hold, James said, adding that he expects the federal court to remove the stay and proceed to trial. A spokesman at the hospital did not return a call for comment on the court decision from the Victoria Advocate.