03-19-2012, 07:17 PM
http://batonrougegenerallawsuit.webs.com/
A former first year Internal Medicine Resident of Baton Rouge General filed a 50 page lawsuit on March 19, 2012 against the hospital, Tulane University, and eight staff members, including Program Director Floyd Roberts and CEO Bill Holman demanding $182 Million in compensatory and punitive damages for various violations. Among the counts included are fraud, breach of contract, forgery, negligence and violation of the whistleblower statute which protects an employee's right to object to illegal practices within the workplace. In addition to monetary compensation Dr. Amer is seeking reinstatement, punishment of program superiors responsible for his illegal termination and demands a jury trial.
In this fifty page lawsuit it is alleged that due to a series of complaints filed by Dr. Amer pointing out various ACGME violations including intimidating residents into working over the new ACGME mandated eighty hour work week, patient neglect (it is alleged a patient was not seen by the Hospital Medicine Group for five consecutive days), and reporting fraudulent information to CEO Bill Holman provided in an official hearing about a patient's time of death in order to implicate Dr. Amer and reprimand him for his criticism of the program and his superiors, Dr. Amer was terminated in retaliation for his vocality and in violations of the program's as well as ACGME's policies.
Despite policies to the contrary, Dr. Amer who has always received superior evaluations from not only attending physicians, but patients and peers as well was never put on probation nor made aware of any shortcomings. At his semiannual evaluation in December he was told by Dr.Vatsavai Raju that “everyone is impressed with your knowledge and professionalism,” and that he was, “in good shape.” Ironically, just one month after this evaluation and two weeks after Dr. Amer received a reply to his complaint about various concerning incidents, among them the fraud committed by the GME committee as well as the program director and associate program director, which CEO Bill Holman found “extraneous,” Dr. Amer was put on administrative leave and given a notice of intent to terminate effective March 1, 2012. Despite Dr. Amer's constant pleas for just recourse, Program Director Floyd Roberts denied Dr. Amer his legal right as a resident to appeal the termination decision violating hospital as well as ACGME policy.
Through sheer determination and hard work, Dr. Amer paid his way through medical school eventually earning his medical degree from Xavier University and gaining employment at Baton Rouge General Medical Center the first time he applied to the match, a rigorous and competitive process. In support of his dream, Dr. Amer and his wife quit their stable teaching jobs in New Orleans, left their comfortable home and moved with their two young children to Baton Rouge only to see Dr. Amer's dream disintegrate unjustly at the hands of spiteful and malicious program superiors in response to Dr. Amer's loyalty to the Hippocratic Oath he took upon graduating medical school to protect and serve his patients first as well as his adherence to ACGME policy which is aimed at protecting both residents and the public from unnecessary mistakes due to resident fatigue.
A former first year Internal Medicine Resident of Baton Rouge General filed a 50 page lawsuit on March 19, 2012 against the hospital, Tulane University, and eight staff members, including Program Director Floyd Roberts and CEO Bill Holman demanding $182 Million in compensatory and punitive damages for various violations. Among the counts included are fraud, breach of contract, forgery, negligence and violation of the whistleblower statute which protects an employee's right to object to illegal practices within the workplace. In addition to monetary compensation Dr. Amer is seeking reinstatement, punishment of program superiors responsible for his illegal termination and demands a jury trial.
In this fifty page lawsuit it is alleged that due to a series of complaints filed by Dr. Amer pointing out various ACGME violations including intimidating residents into working over the new ACGME mandated eighty hour work week, patient neglect (it is alleged a patient was not seen by the Hospital Medicine Group for five consecutive days), and reporting fraudulent information to CEO Bill Holman provided in an official hearing about a patient's time of death in order to implicate Dr. Amer and reprimand him for his criticism of the program and his superiors, Dr. Amer was terminated in retaliation for his vocality and in violations of the program's as well as ACGME's policies.
Despite policies to the contrary, Dr. Amer who has always received superior evaluations from not only attending physicians, but patients and peers as well was never put on probation nor made aware of any shortcomings. At his semiannual evaluation in December he was told by Dr.Vatsavai Raju that “everyone is impressed with your knowledge and professionalism,” and that he was, “in good shape.” Ironically, just one month after this evaluation and two weeks after Dr. Amer received a reply to his complaint about various concerning incidents, among them the fraud committed by the GME committee as well as the program director and associate program director, which CEO Bill Holman found “extraneous,” Dr. Amer was put on administrative leave and given a notice of intent to terminate effective March 1, 2012. Despite Dr. Amer's constant pleas for just recourse, Program Director Floyd Roberts denied Dr. Amer his legal right as a resident to appeal the termination decision violating hospital as well as ACGME policy.
Through sheer determination and hard work, Dr. Amer paid his way through medical school eventually earning his medical degree from Xavier University and gaining employment at Baton Rouge General Medical Center the first time he applied to the match, a rigorous and competitive process. In support of his dream, Dr. Amer and his wife quit their stable teaching jobs in New Orleans, left their comfortable home and moved with their two young children to Baton Rouge only to see Dr. Amer's dream disintegrate unjustly at the hands of spiteful and malicious program superiors in response to Dr. Amer's loyalty to the Hippocratic Oath he took upon graduating medical school to protect and serve his patients first as well as his adherence to ACGME policy which is aimed at protecting both residents and the public from unnecessary mistakes due to resident fatigue.