A discrimination lawsuit filed by a medical assistant and two cardiologists attributes a 2009 patient death to substandard care. Furthermore, the suit alleges that the level of substandard care was permitted to continue because they were "ignored, embarrassed, or terminated" for reporting problem.
The suit, filed against Santa Clara Valley Medical Center in California, alleges that after Dr. Geeta Singh suggested that a patient undergo a cardiac catherization rather than a stress test due to his history of heart attack. The patient was given a stress test and later died. After Singh and administrative assistant Theresa Walker submitted a report of substandard care to TJC, they claim that they were ignored by other members of the staff and abused through e-mail.
Dr. Kai Ihnken is also a plaintiff in the suit, alleging that administrators denied him the ability to perform cardiac surgery, leading to the patient's death. After reporting the incident, he claims that he was slandered and his contract was not renewed.
The Santa Clara County Executive stated that examiners have found no direct link indicating that negligence caused the patients' deaths; however, he did acknowledge that the hospital's cardiac department was prone to conflict and arguments.
This pending case sheds light on the importance of maintaining professional working relationships among members. It also calls on hospitals to look at their staff culture and to see if employees and members of the medical staff are provided with a comfortable environment that allows them to speak up if they witness an adverse event.
Source: MercuryNews.com
http://www.mercurynews.com/crime-courts/ci_16438955?source=email&nclick_check=1
Showing posts with label Whistleblower. Show all posts
Showing posts with label Whistleblower. Show all posts
Wednesday, November 3, 2010
Tuesday, September 28, 2010
Whistleblower Physician Awarded $1 in Damages after Hospital Took Retaliatory Action
The US District Court for the District of Maine awarded Dr. Kristine Thayer $1 in damages, plus recovery of attorney's fees and court costs after a jury found that Eastern Maine Medical Center (EMMC) took retaliatory action against her in violation of Maine's Whistleblower Protection Act (Thayer v. Eastern Maine Medical Center).
Thayer, a pediatric surgeon, told her supervisor that pediatric gastroenterologist Dr. Mohammed Tabbah was providing substandard patient care. Following the report, the hospital began an investigation of Dr. Thayer as a disruptive physician and the medical staff executive committee recommended that she attend anger management counseling, with the threat of disciplinary action for further disruptive behavior. Thayer voluntarily chose to leave EMMC.
At trial, the jury found that the supervisor's initiation of peer review was retaliation for Dr. Thayer's actions and a violation of the Whistleblower Protection Act; however, they believe that that she suffered no injury that would entitle her to damages. Thayer filed an amended complaint for damages as well as the cost of court and attorneys' fees.
The district court ruled that Thayer was entitled to court and attorneys' fees. However, they limited her damages to $1, stating that the reinstatement of her professional reputation and the negative reputation cast on EMMC was an appropriate remedy that did not need to be supplemented by a further award of monetary damages.
Source: BNA
Thayer, a pediatric surgeon, told her supervisor that pediatric gastroenterologist Dr. Mohammed Tabbah was providing substandard patient care. Following the report, the hospital began an investigation of Dr. Thayer as a disruptive physician and the medical staff executive committee recommended that she attend anger management counseling, with the threat of disciplinary action for further disruptive behavior. Thayer voluntarily chose to leave EMMC.
At trial, the jury found that the supervisor's initiation of peer review was retaliation for Dr. Thayer's actions and a violation of the Whistleblower Protection Act; however, they believe that that she suffered no injury that would entitle her to damages. Thayer filed an amended complaint for damages as well as the cost of court and attorneys' fees.
The district court ruled that Thayer was entitled to court and attorneys' fees. However, they limited her damages to $1, stating that the reinstatement of her professional reputation and the negative reputation cast on EMMC was an appropriate remedy that did not need to be supplemented by a further award of monetary damages.
Source: BNA
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