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Judge dismisses most of suit by physician against Claxton
SATURDAY, MAY 10, 2008

CANTON — The majority of an Ogdensburg doctor's $750,000 lawsuit against Claxton-Hepburn Medical Center, Ogdensburg, has been dismissed by a judge.

Dr. William J. DeTorres III may seek a month's pay from the hospital but the remainder of a breach of contract and wrongful termination lawsuit he filed against the medical center last fall has been dismissed by state Supreme Court Judge David R. Demarest.

Dr. DeTorres signed three employment contracts with the medical center in June but they were terminated the next month by Mark A. Webster, the hospital's president and chief executive officer, because Dr. DeTorres is not eligible to treat Medicaid recipients or work for a hospital that treats them. He was disqualified because his medical license, which has since been restored, was suspended in 2003, according to court papers.

Judge Demarest ruled that the hospital was within its rights under most provisions of its contracts with Dr. DeTorres to terminate his employment. The exception was an agreement calling for him to act as medical director. It allows termination upon 30 days' notice. Since Mr. Webster's letter terminated Dr. DeTorres immediately, he may have a claim for a month's pay, the judge ruled.

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