Appeals court affirms ruling for physician

The Arkansas Court of Appeals upheld a circuit court's decision to grant partial summary judgment to Ajdahan Bicak, MD, who was sued by Mercy Health System of Northwest Arkansas. When Bicak notified Mercy that he intended to open his own practice in early 2008, Mercy sued him for injunctive relief for allegedly breaching his employment contract, which stipulated that he could not practice within an 18 air-mile radius of the hospital for 24 months after his employment ended or "solicit, divert, or otherwise interfere with the patients, patronage, employees, or agents of the Corporation." The circuit court ruled that there was no evidence that Bicak solicited patients from Mercy and that the geographic restriction in the ­covenant was too broad and beyond Mercy's trade area. The court granted summary judgment in Bicak's favor on the non-competition claim. However, the court denied Bicak's motion with respect to Mercy's claims of breaching confidentiality of patient records and removing patient records from Mercy's facilities, permitting these claims to proceed to trial. Mercy appealed, and the appeals court affirmed the circuit court's ruling in favor of Bicak. The appeals court noted that "there was no evidence of any improper motive on the part of Dr. Bicak, who was simply attempting to earn a living and satisfy his obligation not to abandon his patients."

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