Jury award upheld against doctor in bullying case (male nurse)

[Omaha Steve]

http://www.indystar.com/apps/pbcs.dll/article?AID=/20080409/BUSINESS/804090417


By Jeff Swiatek
Posted: April 9, 2008


The Indiana Supreme Court on Tuesday affirmed a jury award of $325,000 to a former St. Francis Hospital employee who accused a prominent heart surgeon of bullying him.

Joseph E. Doescher, a former heart-and-lung-machine operator, won his case against Dr. Daniel H. Raess. Doescher accused the doctor of yelling at him while on the job. The trial drew national attention as an example of workplace bullying. But the doctor appealed the case, and the Indiana Court of Appeals ordered a new civil trial in 2006.

The 4-1 decision Tuesday by the state's highest court overturned the appellate court's order to hold a new trial. The justices found none of Raess' five appeals claims was valid. They included the claims that testimony by a national expert on workplace bullying shouldn't have been allowed and that the jury award was excessive.

The 11-page Supreme Court decision amounts to a final legal win for Doescher, said one of his attorneys, Sandra Blevins.

"There is no new trial; it's over. This is the end," she said.

She said payment of the $325,000 to Doescher should occur shortly.

FULL story at link.

[Warpy]

1. Good. All nurses have met Dr. Asshole at least once

and in a lot of areas, workplace bullying by physicians is so common and accepted as to be just part of the background noise of poor working conditions every nurse has to deal with.

I would love for this award to send a message to Dr. Assholes all over the place but I seriously doubt it will. Bullying is accepted by hospital administrators who see doctors as income generators and nurses as drains on their profits.

The good news is that now that physicians are being treated like employees by HMOs and insurance companies, they've become a lot more like colleagues of nurses. They realize that nurses are their best defense against malpractice suits as nurses at the bedside are the best chance for complications to be picked up and dealt with quickly.

The bad apples are really, really bad, though. I could tell you stories...

[liberal4truth]

2. Nothing new about workplace bullying. I have put up with that at most places I have worked...

and so have millions and millions of other people.

Lucky for this guy he had a good lawyer and won his case.