A Florida neurosurgeon has filed a complaint with circuit court, claiming the non-compete clause in his contract with Fort Myers, Fla.-based Lee Memorial Health System is not enforceable due to the shortage of specialists in the field, according to a Naples Daily News report.
The non-compete clause restricts Eric Eskioglu, MD, from engaging in neurosurgical practice within a 50-mile radius of Lee Memorial Hospital in Fort Myers for three years after leaving the hospital — voluntarily or involuntarily.
The clause has thus complicated Dr. Eskioglu’s plan to begin practicing with Physicians Regional Medical Center in Naples, Fla. He has filed a complain in Lee County Circuit Court, seeking a judge’s order that his Feb. 2006 contract not be enforceable due to the shortage of neurosurgeons and the public’s entitlement to emergency care without excessive travel. In the complaint, Dr. Eskioglu claims he is the only neurosurgeon in the region who can perform certain advanced procedures, such as brain artery bypass surgery, according to the report.
Dr. Eskioglu resigned from the hospital in March.
Lee Memorial has filed a motion to dismiss Dr. Eskioglu’s complaint.
Read the Naples Daily News report on the non-compete clause.
Read more about contracts and hospitals:
– 6 Elements Affecting Hospital-Based Physician Service Contracts
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