Health authority wins court order for interim stay on surgeon's return to B.C. Children's Hospital

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      A B.C. Supreme Court judge has revealed the existence of a "completely dysfunctional" working relationship between two surgeons at B.C. Children's Hospital.

      Dr. Andrew Campbell, a specialist in pediatric cardiothoracic surgery, received full privileges to perform surgery at the hospital in 2006, according to a December 11 ruling by Justice Gordon C. Weatherill.

      But the physician eventually came in conflict with Dr. Sanjiv Gandhi, who became the hospital's head of the pediatric cardiovascular and thoracic surgery division in 2010.

      This was revealed in court after the Provincial Health Services Authority filed a judicial-review application.

      It sought an interim order for a stay of a decision by the Hospital Appeal Board in Campbell's favour, pending a decision on its judicial-review application.

      Justice Gordon C. Weatherill granted the interim stay, concluding that the "evidence of irreparable harm is compelling".

      The decision was issued three days before Campbell was scheduled to return to the hospital following a temporary leave of absence.

      "The tenor of the evidence makes it clear that if the respondent attends the BCCH campus on Monday [December 14] as he says he will, and if Dr. Gandhi responds by leaving the campus, as he says he will, there will be immediate and irreparable harm to the cardiothoracic surgery services being provided at the BCCH, which could potentially result in devastating consequences for children with heart disease who are both scheduled for surgery or will require it on an emergency basis," Weatherill said in his oral reasons for judgment, which were posted on the B.C. Supreme Court website on Christmas Eve.

      In 2017, the hospital terminated Campbell's clinical-services contract without cause, giving him 12 months' working notice. The hospital maintained Campbell's privileges at the hospital.

      That prompted Campbell to file an appeal to the Hospital Appeal Board.

      "At the hearing, the PHSA did not take issue with the respondent’s skill or competence but, rather, maintained that the HAB did not have jurisdiction to hear the appeal because the respondent’s hospital privileges remained intact and had not been modified, refused, suspended, or revoked," Weatherill stated in his ruling. 

      Earlier this year, the HAB issued a 66-page decision concluding that Campbell's privileges had been modified and revoked, contrary to the health authority's assertion.

      And the HAB ordered the PHSA to restore within 60 days "meaningful access to the respondent's privileges by providing him with fair and equitable case allocations of patients", according to the court decision.

      Weatherill also noted in his decision that Gandhi advised B.C. Children's Hospital that he would not supervise Campbell. And if Campbell returned, Gandhi would go on a leave of absence.

      Gandhi claimed that Campbell's return would "invariably result" in a "toxic work environment", according to the ruling. This allegation has not been proven in court.

      Moreover, Gandhi maintained that it would be unethical and immoral for him to participate in implementing the HAB decision.

      "The evidence is overwhelming that Dr. Gandhi and the respondent did not get along and that, by 2017, their working relationship had become completely dysfunctional," Weatherill stated.

      Campbell has been working at a hospital in Oman to maintain his skills and competency, the ruling stated.

      "The evidence shows that several pediatric cardiothoracic surgeons from other hospitals in Canada, including Edmonton, Toronto, Montreal and Halifax, are willing to travel to BCCH to assist with the respondent’s 'reacquaintance process' but none are able to do so on a continuous basis," Weatherill said in the decision. "The process would necessarily require week‑to‑week locums."

      The judge pointed out that there were five potential proctors available—and they would have to travel from Edmonton, Toronto, Montreal and/or Halifax.

      Weatherill also stated that he accepts B.C. Children's Hospital head of surgery Dr. Erik Skarsgard’s "evidence that this patchwork of potential locums will be destabilizing for both parents and their families, will result in uncertainty in clinical coverage, and will disrupt the continuity of care with corresponding safety implications and unnecessary anxiety to the patients".

      "Given this extremely unfortunate and untenable situation, the balance of convenience favours the status quo," Weatherill concluded.