Whistleblower case results in large verdict
Wilmington Delaware News Journal (Mary Allen) reports on a “whistleblower” case:
“Psychiatrist wins $998,000 settlement,” (actually referrring not to a settlement, but to a federal court jury verdict ).
A federal jury awarded a former Delaware Psychiatric Center doctor more than $998,000 . . . , finding that he lost his work contract after speaking out about problems with patient care. . . .
[The doctor] sued [the] director of the state Division of Alcoholism, Drug Abuse and Mental Health, which oversees the psychiatric center . . . . He alleged, and the jury agreed, that documents he wrote criticizing patient care at the hospital between 1999 and 2000 were motivating factors in the center’s decision not to continue his employment.
The jury rejected the defense . . . [that] the doctor [had] to submit a bid to be considered for another year as an independent contractor at the center. . . .
The documents highlighted patient suicides and escapes, overcrowding, understaffing and problems with doctor recruiting. At least one document alleged patients’ lives were at risk. . . .Read more
Whistleblower cases are potentially very powerful. If a jury is convinced, as this one apparently was, that the employee blew the whistle on significant and potentially embarassing or expensive problems, it is likely to view justifications for employment termination with great skepticism.
A key part of responding to employee complaints of this type is therefore taking steps to guard against retaliation.
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