Reservist sues after hospital calls in loan

Military law may not adequately protect the Kentucky physician because he is an independent contractor.

By Amy Lynn Sorrel, AMNews staff. March 6, 2006.

The Army called up Col. Bedford Boylston, MD, a thoracic surgeon and reservist, in January 2005. He immediately informed Our Lady of Bellefonte Hospital, where he had privileges, that he would have to close his practice in Ashland, Ky.

The hospital claimed that by closing his practice, Dr. Boylston breached his recruitment agreement and owed the hospital the $500,000 loan that brought him to Kentucky from Pennsylvania, court documents show.

Soon after returning from serving his country, Dr. Boylston in January sued the hospital. He filed the lawsuit in response to a letter he received last year stating that he owed Our Lady of Bellefonte the money.

Dr. Boylston alleges that the hospital is violating the federal Servicemen's Civil Relief Act by requiring him to repay the loan. If the hospital is successful in this case, it might set an example that "could have a chilling effect on surgeons getting involved in military service, and on the other hand, affect the recruitment policies of hospitals," said David O. Welch, Dr. Boylston's attorney.

The hospital denies the allegations.

Although military legal experts could not comment directly on Dr. Boylston's case, they say that because doctors are often self-employed or independent contractors, the law might not afford them all of the same protections as other business employees.

Our Lady of Bellefonte recruited Dr. Boylston in March 2003 to set up a practice for vascular and thoracic surgery and to treat patients at the hospital. It gave him a $500,000 loan that was to be paid off over three years, with the first payment slated for April 1, 2005.