Ortho Surgeon Sues Sanford Health Over Letter Sent to Patients

Orthopedic surgeon Matthew G. Friederichs, M.D. has filed a lawsuit against Sioux Falls, South Dakota-based Sanford Health in the United States District Court for the District of North Dakota alleging that Sanford Health signed the surgeon’s name to letters in an attempt to keep his patients when he informed the employer that he was leaving.

In the complaint, Dr. Friederichs claims that he began working with MeritCare in 2003. MeritCare later merged with Sanford Health in 2009.

Per the complaint, Dr. Friederichs continued to work as an orthopedic surgeon with Sanford Health for many years. He then claims that, in November 2021, he provided a 90-day written notice to Sanford Health that he would be terminating his employment agreement in February 2022.

Dr. Friederichs asserts that in January 2022 Sanford Health sent a letter to an unknown number of his patients. He argues that the letter is a “misrepresentation in its entirety” because it purports to be sent by Dr. Friederichs. Furthermore, he asserts that the letter “contains further misrepresentations and false endorsements.” Some of which include that he had “mixed emotions” about leaving Sanford Health and that he believed that “all of Sanford’s Orthopedic Surgeons” are “highly trained and skilled.”

Dr. Friederichs also filed a motion for a temporary restraining order which the parties have now agreed to resolve via stipulation. As part of the stipulation, Sanford Health is going to send a letter to all of the patients that received Sanford Health’s original letter. The new letter informs patients that Dr. Friederichs neither wrote nor authorized the original letter. The new letter also provides Dr. Friederichs’s new contact information.

In the complaint, Dr. Friederichs also asserts that Sanford Health harmed his income and his reputation with patients. Specifically, he claims that Sanford Health prevented him from seeing new patients for “83 of the 90 days in the notice period.” Additionally, he asserts that Sanford Health decided that he would “not be allowed to perform surgeries on existing patients after February 10, 2022,” 15 days before his last date of employment.

Dr. Friederichs is claiming that the letter violated the Lanham Act and the Unlawful Sales or Advertising Practices Act. Among other claims, including breach of contract, he also asserts that the letter unlawfully invaded and appropriated his privacy and right of publicity. He is seeking damages in excess of $75,000 as well as treble damages and disgorgement of profits.

As of the date of this article, Sanford Health has not yet filed a response to the original complaint.