Williams v. Hosp. Serv. Dist. of W. Feliciana Parish, La. – Aug. 2015 (Summary)

WHISTLEBLOWER CLAIM – PHYSICIAN

Williams v. Hosp. Serv. Dist. of W. Feliciana Parish, La.
Civil Action No. 15-00095-BAJ-SCR (M.D. La. Aug. 5, 2015)

The United States District Court for the Middle District of Louisiana denied a hospital’s motion to dismiss claims of employment retaliation and civil rights violations made by a physician. The physician was hired by the hospital to serve as Director of the Intensive Outpatient Program. The physician became aware of several instances of alleged illegal conduct ranging from patient abuse to improper billing through Medicare and Medicaid. The physician reported the misconduct to the management company in charge of the program, however nothing was corrected.

The physician claimed that as a result of her reporting activities she was harassed by the issuing of baseless write-ups, taking away her job duties, and changing department policies and procedures without her input. Eventually, the physician’s employment was terminated. The court ruled that the physician properly alleged a violation of the Louisiana Whistleblower Statute because the physician alleged enough facts to support that she was engaged in a protected disclosure activity and was allegedly fired for doing so. Also, the court was not persuaded that the hospital’s Board of Commissioners should not be considered persons under the federal civil rights statute because of their absolute control and authority over staffing decisions.