By CRISTINA JANNEY
Hays Post
HaysMed has filed a counterclaim against Dr. Jerod Grove and Greeley County Hospital.
Grove has sued HaysMed, alleging the noncompete clause of his contract was too restrictive.
Grove is seeking an injunction to allow him to continue practicing medicine in Tribune while the lawsuit is being resolved. He is also requesting unspecified damages to be determined at trial.
Grove, a general surgeon, resigned from HaysMed on Nov. 12. HaysMed has employed him for nine years.
Grove has signed a contract with Greeley Health to practice at the Greeley County Hospital in Tribune, Kansas.
The noncompete clause stipulates Grove can't practice medicine within 110 miles of the city of Hays and 30 miles in any direction from the city limits of any other city or town where the physician performs services on behalf of the hospital for two years.
In the counterclaim, HaysMed is requesting unspecified damages against Grove and Greeley County Hospital.
Grove and another surgeon were working at Greeley County Hospital through a HaysMed outreach program. When Greeley County Hospital hired Grove, its CEO terminated its agreement with HaysMed to operate the outreach program, according to HaysMeds' counterclaim.
The counterclaim also says while employed by HaysMed, Grove also served on HaysMed’s Board of Directors and filled various other leadership positions, making him privy to much, if not all, of HaysMed’s confidential business information.
Grove's most recent contract was set to expire at the end of December. HaysMed had initiated negotiations with Grove for a new contract.
According to the lawsuit, during negotiations, Grove indicated that his “line in the sand” was that his new pay be $610,000 per year and that no minimum amount of work be required.
According to the lawsuit, HaysMed was unwilling to meet Grove’s demand, and later in the summer, Grove gave his 90-day notice.
HaysMed notified Greeley County Hospital about Grove's noncompete clause and its intent to enforce that portion of his contract.
Grove responded through his attorney, Chris McGowne, to the counterclaim.
"We are in receipt of HaysMed's counterclaims and cross claims. While we understand this is a part of the legal process, we are disappointed that they have chosen a path that could end up depriving numerous individuals across western Kansas from receiving necessary and vital health care services," McGowne said in an email Monday.
"However, Dr. Grove is committed to fighting for the citizens of western Kansas to ensure they are able to access quality and affordable health services, and he is able to ensure continuity of care. We have the utmost faith in the judicial process and look forward to having our day in court," according to the statement.
Trice Watts, Greeley County Hospital CEO, said he did not wish to comment on Monday as the hospital had yet to be formally served papers on the lawsuit.
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