Alex Keoskey, a partner at DeCotiis, FitzPatrick & Cole and a member of the firm's healthcare practice, was quoted in an article in the September issue of Healthcare Risk Management.
Keoskey was asked for his opinion on a lawsuit brought against a Texas hospital and its employees. The lawsuit, filed by a former surgical tech at Metroplex Adventist Hospital in Killeen, TX, alleges that hospital staff drew on the plaintiff and painted his fingernails and toenails while he was under general anesthesia. According to the plaintiff, the prank was part of an ongoing pattern of harassment, which created a hostile work environment that caused him emotional distress and ultimately forced him to resign from his position.
Keoskey suggested that, if the allegations are true, the hospital must have a serious problem with its culture. "That sounds like a serious breakdown in discipline at several levels," Keoskey was quoted as saying. "First, there would be a real lack of leadership in their particular department's supervisory staff, [and a] failure of education and enforcement with regard to the bylaws and/or department rules."
In addition to being liable for monetary damages, "the hospital may have a problem from a regulatory standpoint with the Texas Department of State Health Services," Keoskey added. The individual defendants may also be susceptible to disciplinary action by the Texas Board of Nursing.
You can read the article in its entirety here. (Subscription required).