A former surgeon at Western Health has lost his latest court battle against the health authority.
Dr. Mylo Kathirgamanathan was forced to stop practisng after Western Health’s perioperative department refused to provide anesthesiology services to him, effectively preventing Kathir from operating on patients.
In response to a statement of claim filed by Kathir in 2016, Western Health said its anesthesiologists wrote a letter to the health authority earlier that year, indicating the department’s services were being withdrawn out of concerns for patient safety.
Kathir has claimed Western Health improperly and unlawfully agreed to the department’s decision.
In a recent application filed with the Supreme Court of Newfoundland and Labrador in St. John’s, Kathir sought a determination of the nature of the contractual relationship between Western Health and its anesthesiologists and whether or not Western Health was authorized to force the anesthesiologists to provide services to Kathir.
Western Health, meanwhile, also filed an application arguing that the application filed by Kathir was not the appropriate avenue to decide the issues raised by Kathir.
In a recent written decision, Justice Valerie Marshall ruled Kathir had not provided the court with sufficient evidence, considering the complexity of this entire case, to hear the application and dismissed it.
