A top Bermudian doctor forced to quit his hospital job when he turned 70 claims he is a victim of age discrimination.

Now Dr. George Bertram McPhee is considering a legal fight with the Bermuda Hospitals Board.

Any action could have wide-ranging implications throughout the Island.

Dr. McPhee was the physician-in-charge of the extended care unit at King Edward VII Memorial Hospital and consultant geriatrician to Government.

He held those posts until his 70th birthday on June 19 this year -- despite his claims that he enjoys good mental and physical health.

On that day, Dr. McPhee also lost his privilege of admitting patients to hospital.

Yesterday, Dr. McPhee told The Royal Gazette his patients were very upset at his enforced retirement.

"I've had to send a letter to them explaining what has happened. I'm upset obviously, too, since there is nothing wrong with me other than I've reached 70.

"I think it's a retrogressive step to force someone to retire at 70. After all, 70 today is not the same as being 70 in 1960.'' His lawyer, Julian Hall, said: "Dr. McPhee has asked us to consider carefully the various legal options available to him.'' He said a courtroom challenge to Dr. McPhee's loss of hospital privileges was being "actively considered''.

But the hospital has rejected the age discrimination allegation, saying mandatory retirement policies were commonplace in Bermuda.

The hospital's Communications Specialist Kendaree Burgess-Fairn also pointed out Dr. McPhee had the option of helping at King Edward in a consulting capacity.

"He has applied for consulting status and we are in the middle of processing all the paperwork.'' The post of physician-in-charge of the extended care unit has now been filled by Dr. Cyril Gryfe, of Canada.

Dr. McPhee, husband of former United Bermuda Party Cabinet Minister Gloria McPhee, still runs a private practice in Hamilton.

Earlier this year, Dr. McPhee and Mr. Hall argued their case before the hospitals board.

But the board decided to uphold the Medical Staff By-Laws, which set out the policy on mandatory retirement at 70.

The Royal Gazette has acquired letters this year between Mr. Hall, Dr. McPhee and the hospitals board, including executive director Sheila Manderson and chief of staff Clarence James.

Dr. James wrote to Dr. McPhee January 19 confirming the retirement.

"As explained in my letter of the 12th December 1995, I sincerely hope that you will be willing to participate in guiding the affairs of the Extended Care Unit in a consulting capacity after retirement from the Active Staff.'' In a letter to Mrs. Manderson January 26, Mr. Hall said Dr. McPhee was opposed to mandatory retirement at 70.

And, said Mr. Hall, he had made many efforts to demonstrate the policy was "arbitrary, if not irrational'' in this modern age.

"Dr. McPhee enjoys excellent mental and physical health. He has earned and maintains the respect of the Bermudian community for the quality of medical advice and treatment, as well as other community service, which he has always been ready, willing and able to provide.

"There can be no dispute that Dr. McPhee is the only resident Bermudian who can demonstrate the academic and experiential qualifications required for the position which he now holds; and our client has firmly stated that he does not wish to retire from that position upon reaching the age of 70 years.'' Mr. Hall said he had considered the issue in the light of recent legislative and social developments in Bermuda.

And he had advised Dr. McPhee that mandatory retirement "on the basis of age only could constitute unlawful discrimination and that he would be acting within his rights were he to seek a declaratory judgment from the Supreme Court of Bermuda on that basis''.

Doctor forced out From Page 1 Mrs. Manderson wrote to Dr. McPhee on June 4 saying the hospitals board had upheld the Medical Staff By-Law following a hearing.

"I have been instructed to advise you that the Board is prepared to consider an arrangement for your continued involvement during the transition phase, that is until a suitable qualified physician who meets the requirements of the revised job description, is selected and in place.

"The Chief of Staff, Dr. Clarence James, will be in contact with you in this regard.'' Yesterday, Dr. McPhee told The Royal Gazette the loss of hospital privileges presented difficulties.

"It's a bit of a problem that I can't admit them to hospital. It's a great inconvenience.

"The way we think about aging has changed. It's retrogressive to have an archaic ruling still in place.'' Dr. McPhee said the hospitals board had given him no reason for its decision -- other than it was were upholding the policy of mandatory retirement.

Born in the Bahamas, Dr. McPhee came to Bermuda in 1955 and has gained status.

He was at the hospital ten years, joining on February 1, 1986.

In addition, he was in the Bermuda Regiment 16 years, acting as a senior medical officer and holding the rank of major.

"I am still very active,'' said Dr. McPhee.

Said Mr. Hall: "It was hoped the hospitals board would alter their policy.

Dr. McPhee is very much respected and enjoys the support of a large body of patients.

"He is the only Bermudian qualified in the field of geriatrics and it seems a tragic and wholly avoidable circumstance that Bermuda should be forced to import his expertise. He is one of the fittest 70-year-olds you could meet.'' Mr. Hall said neither Bermuda law nor the Constitution provided any form of protection from age discrimination.

And this affected the chances of the courts overturning the policy.

He added, however: "There are other options. To no longer be allowed to admit patients to hospital is something we consider wholly wrong and we are actively considering making a direct challenge to the courts to resolve this.'' One of Dr. McPhee's patients, Curtis A. Dawson, of Bean Dale, Spanish Point, voiced outrage at what had happened.

He said the power to force a doctor to retire at 70 was not only immoral but should be illegal.

"This is age discrimination pure and simple,'' he declared in a letter to The Royal Gazette .

"My doctor has saved my life on at least one occasion and probably at other times.

"It is my contention that no one has the right to tell me that my doctor can't admit me to a hospital that has been happily collecting my hospital levy all of these years (and spending it).

"When it's time for Dr. McPhee to stop attending to my health he will tell me.

"No one has a legal right to stop my doctor from attending me in hospital, it must take an awesome ego to assume such authority, but by accepting such one also accepts an awesome responsibility.'' Mr. Dawson urged all Dr. McPhee's patients -- and those of other doctors nearing retirement age -- to call the hospital and talk to Dr. James, Mrs.

Manderson and other managers.

"Leave my doctor alone! Whose hospital is it, anyhow?'' concluded Mr. Dawson.

Yesterday, Mrs. Burgess-Fairn explained the Medical Staff By-laws used to stipulate 65 as the age of retirement.

When Dr. McPhee reached 65 he was given special permission to continue for another five years, she said.

"At 70 doctors have the option of obtaining consultant status so they can still see their patients -- but they can only admit them to hospital with a colleague's help.'' Mrs. Burgess-Fairn said doctors were well aware of the mandatory retirement policy.

"The hospital has a policy and it is the policy of the medical staff committee to which Dr. McPhee signed on.'' Asked to answer the charge of age discrimination, Mrs. Burgess-Fairn replied: "The real question is whether mandatory retirement is against the law in Bermuda.

"The answer is no. Dr. McPhee, however, is within his rights to challenge the policy and the courts will decide what the outcome will be.'' Mrs. Burgess-Fairn said age discrimination was omitted from the 1983 Human Rights legislation.

"You might want to question why,'' she added.

Dr. George B. McPhee HEALTH HTH