A physician who raises a safety concern may face an accusation of being disruptive. A nurse who questions a practice may receive new criticism of performance. A healthcare professional who has spent years building a career may suddenly face suspension, an investigation or pressure to resign.
Gray Law Group represents employees in whistleblower-retaliation litigation involving healthcare workplaces. Bruce D. Nimensky’s experience includes representing Dr. Margarita Gormus at trial in a whistleblower action arising from her employment at Greystone Park Psychiatric Hospital.
Patient-care concerns require a precise legal analysis
CEPA expressly includes certain objections and disclosures by licensed or certified healthcare professionals who reasonably believe employer conduct constitutes improper quality of patient care. Coverage depends on the statutory subsection and the facts. N.J.S.A. 34:19-3.
The applicable standard must be identified. In Hitesman v. Bridgeway, Inc., 218 N.J. 8 (2014), the Supreme Court emphasized the need for an authority that supplies a standard against which the employer’s conduct can be measured. Broad statements about good care do not automatically establish that foundation. Read Hitesman.
We examine both the complaint and the response
An initial review may address concerns about staffing, supervision, emergency response, infection control, documentation or patient protection. These examples describe issues for evaluation; they are not automatic findings of a legal violation.
The next question is what happened to the professional after speaking up. We examine the reporting chronology, management’s response, earlier performance records, subsequent investigations and the people involved in employment decisions.
Employment and professional consequences may overlap
For physicians, an employment action may occur alongside a privileges or credentialing dispute. Those processes can involve different parties, standards and deadlines. Holding hospital privileges does not by itself resolve whether a physician is a covered employee under CEPA.
Bring employment agreements, appointment documents and notices of professional proceedings to counsel’s attention. It is important to understand what each process can decide and what action may be required in each forum.
Handle patient information carefully
Describe the concern without placing identifiable patient information in an initial website form. Counsel can discuss how relevant evidence may be obtained and reviewed lawfully. A belief that a document will support litigation does not give an employee unrestricted permission to take it. State v. Saavedra, 222 N.J. 39 (2015).
Discuss the next step
Whether you remain employed or have already been suspended or terminated, Gray Law Group can evaluate the employment-retaliation issues. Read the Gormus trial overview or request a consultation.
Past results do not guarantee or predict a similar outcome. Every matter depends on its facts, evidence and applicable law.
This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.