Nonesuch Vs. Sunshine Hospital: A Case Study

In 2016, Dr. Alexander Nonesuch, a doctor at Sunshine Hospital in the State of Discontent, failed to disclose that he was transgender on his employment application before he started working there in February 2015. Dr. Nonesuch, the plaintiff, married his wife, Renata Mercure, in June 2015. Since Renata was expecting twins on April 1st, 2016, Dr. Nonesuch requested paternity leave and to add his wife and children to his retirement plan. Since the hospital’s management and the board saw Dr. Alexander Nonesuch’s marriage as a same-sex marriage, which is illegal in the State of Discontent. The hospital denied his requests on March 5th; two days after Dr. Nonesuch made his requests on March 3rd, 2016. However, Sunshine Hospital, the defendant, would
Nonesuch. This was the case, as they did not put an area on the application for him to note his sex at birth, meaning that technically, Dr. Nonesuch did not violate any rules. A case that could somewhat compare to this one would be Johnson v. Misericordia Community Hospital (1999). Not unlike when Sunshine Hospital failed to get information on Dr. Nonesuch’s sex at birth on his application as well at his subsequent interview, Misericordia Community Hospital in Wisconsin did not do their due diligence when hiring Dr. Salinsky to work for them (Johnson v. Misericordia Community Hospital). This case came up after James Johnson, the plaintiff in Misericordia, sued Dr. Salinsky after he severed an artery in Johnson’s leg while trying to remove a pin fragment in his hip (Johnson v. Misericordia Community Hospital). Ultimately, the plaintiff settled with the doctor, who was apportioned 80% of the liability by the jury under the finding of corporate negligence (Johnson v. Misericordia Community Hospital). However, what was uncovered proved to be far more problematic, as the hospital failed to uncover information about Dr. Salinsky that would impact his performance, such as the fact that he lost his staff privileges at St. Anthony’s Hospital in 1971, had his orthopedic privileges revoked at another hospital, and lied about being on the consulting staff at New Berlin Memorial Hospital and Northwest General Hospital (Johnson v. Misericordia Community Hospital). Not unlike Dr. Salinsky in the Misericordia case, Dr. Nonesuch was not completely honest when he was applying or being interviewed by Sunshine Hospital, as he failed to disclose that he was transgender by not telling them his sex at birth. At the same time, unlike Misericordia, Dr. Alexander Nonesuch was not being terminated for performance related issues as far as we know. For these reasons, Sunshine Hospital