A doctor is barred from practicing near a hospital under a restrictive covenant agreement, even though his former employer could have damages, the state Superior Court has ruled.

A split three-judge panel of the court ruled April 24 that just because Geisinger Health System could possibly calculate some of the damages sustained by the doctor's breach of the restrictive covenant did not mean that the doctor should not be enjoined from practicing near the hospital.

The panel's decision in Geisinger Clinic v. Radziewicz overturned a trial court's denial of the hospital's request for a preliminary and permanent injunction. Among other things, the trial court had determined that the hospital could possibly pursue an action in state court to recoup damages.