News Release

ALLEN COUNTY — An Allen County doctor is suing his ex-employer to stop the imposition of Indiana’s new statute restricting physician noncompetes, after he terminated his employment “for cause.”

Dr. David Lankford is testifying Lutheran Medical Group LLC continues to hinder his attempts to provide healthcare to children in a different healthcare system in Fort Wayne.

In the lawsuit, Lankford asks the Allen County Commercial Court to block defendant, Lutheran Medical Group, from administering the noncompete clause and to declare it voided and unenforceable.

According to court documents, Lutheran had hired Lankford as a pediatric critical care intensivist back in October 2017. His physician employment agreement renewal happened in November 2020. The renewal included a noncompete clause. The conditions of the noncompete clause are redacted in the filed complaint.

Lutheran publicized that they would begin laying off pediatric hospital workers in August 2022. In their announcement, Lutheran asserted pediatric intensivists are to cover the work of the laid off pediatric workers in addition to their normal duties.

According to the lawsuit, during this time, Lankford asked to renegotiate the terms of the employment agreement to compensate for the extra duties, but Lutheran refused.

The layoffs followed in October, which is when Lankford’s patient volume significantly increased while Lutheran refused to provide any supplementary support. According to the lawsuit, Lankford was never offered an increase of pay.

Lankford alleges that his covering the work of laid off pediatric workers exceeded the scope of the original agreement, and it placed his medical career and license in jeopardy.

In December 2022, Lankford penned a letter to Lutheran explaining the breach of employment agreement. When Lutheran, allegedly, denied any breach, Lankford terminated the employment agreement “for cause” on January 7.

Indiana’s statute regulating physician’s noncompetes went into effect Saturday, July 1. The statute states that in cases of when physician terminated employment for cause, the noncompete is rendered unenforceable.

In the complaint, Lankford requests the court enter a preliminary ruling prohibiting Lutheran, as well as anyone affiliated, from enforcing the noncompete. Lankford also requests a permanent ruling requiring Lutheran to continue complying with the terms of the preliminary ruling. The complaint also seeks declaration and costs.