Physican's lawsuit tests Indiana's noncompete law

David Lankford, DO, a pediatric intensivist, is suing his former employer, Fort Wayne, Ind.-based Lutheran Health Network, to exit his noncompete agreement, Indiana Public Media reported July 10. 

Dr. Lankford worked at Lutheran Hospital as an employee of Lutheran Medical Group prior to quitting about a year ago when the hospital laid off its non-intensive pediatric hospitalists and transferred their patients to Dr. Lankford and other intensivists, according to a complaint. According to the report, he "was concerned by the higher caseload 'because it's difficult to take care of that many patients in a safe manner.'"

He is now suing to be released from his noncompete agreement so he can once again practice in the Fort Wayne area. 

Indiana now bans healthcare employers from putting noncompete agreements in employment contracts, however, this stipulation applies only to primary care physicians employed after July 1 and excludes specialty physicians such as Dr. Lankford.

Lutheran Health Network declined to comment, according to Indiana Public Media.

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