Disruptive physicians are staple characters on television shows about the medical field. Some of the most recent T.V. doctors of this vein that come to mind are Dr. Gregory House of House and Dr. Perry Cox of Scrubs. While Dr. House and Dr. Cox present entertaining caricatures of disruptive physician behavior (“DPB”), in “real life”
Investigations
No Weingarten Rights for Nurses in Peer Review Proceeding, Federal Appeals Court Rules
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Nurses had no right to union representation in their hospital employer’s peer review committee proceedings, the Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical Center v. NLRB, No. 15-1312 (D.C. Cir. Aug. 18, 2017). The Court, however, found the hospital violated the National…
Court Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear
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Posted in Investigations, Workplace Violence
An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer’s asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, a…
Physician Whose Clinical Privileges Were Revoked Can Proceed With Hostile Work Environment Claim, Court Finds, But Dismisses Antitrust Claim
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A physician may proceed with her hostile work environment claims after a hospital revoked her clinical privileges, but may not continue with her antitrust claims because she failed to plead an antitrust injury, a federal district court ruled. Levitin and Chicago Surgical Clinic, Ltd v. Northwest Community Hospital, et al., No. 13 C 5553…
Ruling in Noel Canning Leaves Unanswered Questions For Internal Investigations In Healthcare Industry
By Jackson Lewis P.C. on
The U.S. Court of Appeals for the District of Columbia Circuit has ruled in Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), that President Obama’s “Recess Appointments” of three new NLRB members in January 2012 were unconstitutional and, as a result, the Board lacked any constitutional authority to…
Employer’s Suggestion To Employees To Avoid Discussing Internal Investigations Violates Labor Law, NLRB Finds
By Ana C. Shields on
Posted in Investigations
The commonplace employer practice of asking employees to refrain from discussing internal investigations with co-workers has come under attack from the National Labor Relations Board. In Banner Health Sys. d/b/a Banner Estrella Med., Ctr., 358 N.L.R.B. No. 93, 7/30/12, the National Labor Relations Board (“NLRB”) held in a 2 to 1 decision that employees&rsquo…