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A Judicial Double Standard in Medical Employment Practices

Judge Curt Jacobus decision to stop a Brevard County Neurosurgeon, Dr. Januszewski, from seeing any patients living in Brevard and Indian River Counties irrespective of his practice location was meant to enforce a non-compete clause from a large Orthopedic Spine Practice, The B.A.C.K. Center (TBC). Non-compete clauses attempt to enforce a restrictive covenant in which a physician cannot practice his medical specialty for a limited time in a certain physical location. A physician has to move out of that area until the non-compete term ends. However, if patients choose to travel outside of a non-compete area to see that physician, it is entirely up to them to do so.

In this case, judge Jacobus ordered Dr. Januszewski to stop seeing all patients who live in the non-compete area, irrespective of his practice location. He also ruled that setting up a website with a new practice location violates the non-compete terms. Somehow, posting a new practice location irritated T.B.C. and constituted a breach of the non-compete terms. And yet, somehow, this was not an issue for them (or his previous employer in Orlando) when Dr. Januszewski had T.B.C. listed on his website in 2018-2019, upon starting his practice there. It was also a non-issue when he saw patients from Orlando at T.B.C. during that same time. So the non-compete terms only apply when convenient; or when power, greed, and nepotism dictate the terms. The judicial system also decided only to see the one side of the story, which seemed convenient and "just" to them. The one that sided with the larger medical practice, more money, and more influence on future voters in Brevard and Indian River Counties. A double standard, or not? You decide.


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