Boyer v. Independence Manor Care Center, Inc.

• Decision Date: 16 December 1986
• Docket Number: No. WD,WD
• Citation: 721 S.W.2d 246
• Parties: Phillip A. BOYER, Appellant, v. INDEPENDENCE MANOR CARE CENTER, INC., et al., Respondents. 37900.
• Court: Missouri Court of Appeals

Page 246

721 S.W.2d 246

Phillip A. BOYER, Appellant, v. INDEPENDENCE MANOR CARE CENTER, INC., et al., Respondents.

No. WD 37900.

Missouri Court of Appeals,

Western District.

Dec. 16, 1986.

Sherwin L. Epstein and Brian Timothy Meyers (Epstein and Meyers, of counsel), Kansas City, for appellant.

George A. Barton and Roger P. Wright (Shughart, Thomson & Kilroy, of counsel), Kansas City, for respondents.

Before BERREY, P.J., and PRITCHARD and DIXON, JJ.

PRITCHARD, Judge.

The issue is whether the trial court properly entered summary judgment against Phillip A. Boyer, M.D., upon his claim for damages arising out of alleged wrongful interference with his physician-patient relationship with residents of respondent's nursing home. The petition names the nursing home and Kim Collins, its administrator, as defendants. Count I of the petition alleges that 42 residents of the nursing home were Dr. Boyer's patients, and that defendants, knowing of that relationship, "and intending to injure, destroy and otherwise interfere with said physician-patient relationship, did wrongfully, fraudulently, knowingly, intentionally, maliciously and without just cause or excuse, persuade and procure the above-named patients or their legal representatives or guardians to terminate the physician-patient relationship * * * and induced said patients, or their legal representatives or guardians, to enter into a physician-patient relationship with Dr. Broughton, House Physician" (for the nursing home). Count II is for an injunction against continuing interference between Dr. Boyer and his patients. Count III alleges a conspiracy between defendants and other employees to terminate Dr. Boyer's relationship with his patients. Count IV is also one for damages for wrongful interference with the physician-patient relationship, it being further alleged that Kim Collins advised Dr. Boyer by letter that he would not be allowed on the premises of the nursing home.

Dr. Boyer became house physician and medical consultant for Independence Manor in 1980 when it first opened. Over the past 10 years he had been house physician or medical doctor for six large nursing homes in the Kansas City area. Independence Manor is licensed as an intermediate care facility which, according to Dr. Boyer, is not required to have a medical director, but many do have them to give medical advice. Dr. Boyer was paid $50 per month as medical advisor, but nothing as house physician. Most of the patients were over age 70, and most had responsible parties (guardians, family or friends) with whom Dr. Boyer dealt directly, and who would choose whether he would be the physician for the patients, and who were billed directly by him for his services. At first Dr. Boyer visited the nursing home weekly, but as the number of patients increased, he visited twice weekly and arranged his schedule so that he could see a given patient about once a month.

On February 20, 1984, Kim Collins wrote to Dr. Boyer stating that as of March 1, 1984, Independence Manor would no longer require his services as the House Physician, advising, "If any of your patients request your service, we will inform you. Any discussion regarding this matter will be with me." On March 1, two days after receiving the letter, Dr. Boyer went to the nursing home where he noticed that a Dr. Broughton's name was on the charts of all his then 42 patients. Kim Collins was not at the facility that day, so he went to see three of his patients whom he felt to be alert, asked them what had happened and they responded that they had been told that he was retiring and another doctor had taken over their care.

Kim Collins then wrote to Dr. Boyer: "On March 1, 1984, you arrived at Independence Manor Care Center at 8:00 a.m. to see the residents, which are no longer under your care, causing them undue stress. For the record, all responsible parties were contacted and given the option of continuing with your services or another physician. They all chose the latter. Due to the problems created by your unannounced visit on March 1st to Independence Manor, where you no longer have residents under your care, it is felt that the unharmonious effect that you created cannot and will not be tolerated. We do not choose to use alternative methods to restrain you from this facility, however, the choice is yours."

The deposition of Kim Collins was before the court. She began receiving complaints about Dr. Boyer in the summer of 1983, which became worse in December, that he would have slurred speech when nurses would call him on weekends; one family complained that he was rude, and he would lose his temper when they called him. He did not follow patients to the hospital, but he explained he was not on the staff of any Independence hospital where most patients wanted to go. Collins did not inform Dr. Boyer of any complaints because she felt it would not improve the situation. Collins began contacting persons regarding Dr. Boyer's termination in the middle of February, 1984, advising them that the facility was changing house physicians and they had a choice to change to him, stay with Dr. Boyer, or choose another doctor. She did...