West Virginia Record

Tuesday, April 7, 2020

Hospital claims ER doctor breached contract

By Annie Cosby | Nov 12, 2014


MOUNDSVILLE – A Marshall County hospital is suing over claims an emergency department physician left his job before his employment agreement had expired.

Reynolds Memorial Hospital Inc. in Glen Dale filed a lawsuit Oct. 3 in Marshall Circuit Court against Dr. Jason D. Kirby, citing breach of agreement.

According to the complaint, Kirby entered into an agreement to provide physician services in Reynolds Memorial Hospital's emergency department on Nov. 1, 2013, and the agreement stated that the contract could only be terminated after Oct. 31 and after 30 days' written notice.

The plaintiff says Kirby left his employment Aug. 4 in breach of the agreement, and the hospital gave him written notice of the breach Aug. 6. The complaint states Kirby had 30 days to cure the breach pursuant to the agreement but failed to do so, and the hospital was forced to hire temporary staff for the emergency department, which costs more than a permanent employee and has damaged in the hospital in excess of $20,000.

The plaintiff seeks damages and attorney fees.

It is represented by attorney Frank X. Duff of Schrader, Byrd & Companion in Wheeling. The case has been assigned to Circuit Judge David W. Hummel Jr.

Marshall Circuit Court case number: 14-C-159H

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