An emergency room doctor filed a wrongful termination lawsuit against the Overland Park Regional Medical Center after he was allegedly “fired for reporting understaffing” at the hospital. Fortunately for the doctor, Raymond Brovont, a Jackson County jury sided with him and awarded him $29 million.
An emergency room doctor filed a wrongful termination lawsuit against the Overland Park Regional Medical Center after he was allegedly “fired for reporting understaffing” at the hospital. Fortunately for the doctor, Raymond Brovont, a Jackson County jury sided with him and awarded him $29 million.
Prior to his wrongful termination, Brovont worked as the medical director for Overland Park Regional’s emergency department. According to his lawsuit, “after the hospital opened a pediatric emergency room in 2016, he became concerned that EmCare was staffing both the adult and pediatric ERs with just one physician overnight.” His suit added that the “HCA Midwest’s marketing of a 24-hour dedicated pediatric emergency room was misleading.” Additionally, Brovont claimed the severe understaffing of the facilities was a dangerous problem. The suit stated the following:
“Given the dangerous level of understaffing in Overland Park Regional’s emergency departments, plaintiff was gravely concerned for the safety of the hospital’s patients.”
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Brovont presented his complaints to his superiors on September 30, 2016, but “no changes were made.” Instead, Brovont claimed his supervisors “were furious at him for making his complaint,” according to the lawsuit. Then, four months later, his supervisors approached him and “told him to resign or be fired, and when he refused to resign the company terminated him without cause,” according to the suit.
As a result, Brovont filed a lawsuit against “subsidiaries of EmCare, a physician outsourcing company he worked for.” According to the suit, the chain of HCA Midwest hospitals had a contract with EmCare, the company that “sent him to work at Overland Park Regional and Centerpoint Medical Center in Independence.”
In response to the lawsuit verdict, Michael Ketchmark, Brovont’s attorney, said:
“We proved at trial he was fired for raising his voice. The jury, I think, sent a pretty loud message that when you have these corporations come in and provide managed care they’re required to listen to the doctors’ complaints about patient safety.”
Ketchmark added that the $29 million verdict includes $20 million in punitive damages and $9 million in actual damages.
How did EmCare respond to the verdict, though?
Well, in response to the verdict, Kim Warth, a spokeswoman for EmCare, said, “We appreciate the judge and jury’s work on the case, however, we do plan to file an appeal.”
Christine Hamele of HCA Midwest also chimed in, saying Overland Park Regional wasn’t part of the lawsuit. She added that Overland Park Regional “meets safety standards set forth by the Joint Commission, an accrediting agency, and the American College of Surgeons,” and added:
“At Overland Park Regional Medical Center we are very proud to offer four emergency departments, as well as Johnson County’s only Trauma Center, treating more than 50,000 patients annually, as well as a much-needed community based pediatric program…Our committed, collaborative and passionate care team has treated thousands of patients through Overland Park Regional’s trauma department and emergency rooms — patients and families who have trusted us during the most vulnerable time in their life.”
Sources:
$29M verdict for doctor who was fired after reporting understaffing in JoCo hospital
Kansas City doctor who reported understaffing wins $29 million verdict
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