South County Hospital prides itself on being one of the few remaining independent hospitals in Rhode Island. But the hospital’s financial and staffing challenges are now compounded by its ongoing battle with a group of doctors and community members demanding leadership changes.
The Public’s Radio’s Luis Hernandez spoke with health reporter Lynn Arditi about the escalating battle over South County Hospital.
Interview highlights
On how the fight began
Lynn Arditi: The fight started last fall after a group of oncologists – doctors who treat cancer patients – announced they were leaving the hospital. And cardiologists and primary care doctors also left. A few of the doctors organized a nonprofit group they called “Save South County Hospital,” and began raising alarms about the exodus, which they blamed on a hostile workplace environment since the hospital’s CEO Aaron Robinson took the helm in 2019. And the group has been reaching out to the hospital’s Board of Trustees and state officials, calling for leadership changes at the hospital.
On the lawsuit
Arditi: The lawsuit filed by South County Hospital and South County Health Foundation claims that the group of advocates used confidential information about some of its donors that they obtained from a former employee. And the suit alleges the group used this confidential information to identify and contact some of the donors and try to convince them to stop giving money to the hospital. The suit alleges that the group’s actions have caused the hospital “significant harm,” presumably in lost donations.
The advocacy group denies that it used any confidential information. They say all the information they collected about the hospitals’ donors is public and easily accessible.
And they also deny trying to discourage donations. Dr. Chris Van Hemelrijck, a spokesman for Save South County Hospital, said, “Quite the contrary, we want people to continue to support the hospital.”
Even if the advocates used the hospital’s confidential information about donors, would that be illegal?
Arditi: Steve Brown, executive director of the Rhode Island chapter of the ACLU, says the advocates shouldn’t be liable because they’re exercising their First Amendment rights. But Ellen Farwell, an Associate Professor of Law at Roger Williams University, said the outcome of this suit is really based on the rights of an organization to protect confidential donor information. She said the courts have generally treated donor information as highly confidential – even likening it to trade secrets. And the courts have historically prohibited third parties from interfering with confidentiality contracts.
“If the hospital were to prevail,’’ Farwell said, “the communications of the nonprofit would need to be limited in terms of how they interact with potential supporters, ensuring that they’re not using or relying on the hospital’s confidential information. But that doesn’t seem like it would extend to preventing the nonprofit from continuing their advocacy and public relations work in the community.”
A lawyer for the hospital said that his clients aren’t seeking financial damages. But the hospital is trying to stop the advocates from using what the hospital contends is confidential information to contact its donors.
On what the hospital hopes to gain by suing its critics if it can’t silence them
Arditi: That’s a question the hospital’s lawyer told me they wrestled with. Especially given that the hospital has been struggling financially. The hospital’s lawyer, Mark Russo, said that hospital leaders are looking for potential suitors to merge with, and obviously this whole dispute is not a good look for South County Hospital.
“One of the things a strategic partner would look at in sizing up South County Hospital is what a wonderful donor base you have,’’ Russo said. “So that’s what we struggled with, how it would be perceived, both by potential partners, how it would be perceived in the community.”
On why the two sides were recently back in court
Arditi: The advocates had planned to hold a meeting on April 3 where they were going to try to vote in new members of the board that oversees the hospital’s endowment. The hospital said the group had no authority to do that – and went to court to get a restraining order to stop them. The advocates backed off. Instead, they just held a community meeting without taking any votes. About 400 people attended the meeting, Van Hemelrijck, the group’s spokesman, said.
On whether the two sides are any closer to a resolution
Arditi: It doesn’t appear that way. The advocates want a leadership change. And as far as I can tell, that doesn’t appear to be any closer to happening.
