Case details

Charge nurse treated same as all other nurses, hospital alleged

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2012, plaintiff Aura Gomez, a charge nurse in her 30s who worked in the emergency room of Corona Regional Medical Center, allegedly made various complaints to state agencies and the hospital about patient safety issues and issues with other employees. She claimed that as a result, she was retaliated against in May 2013, causing her to go out on medical leave from November 2013 to February 2014. Gomez ultimately she resigned in January 2014, effective February 2014. Gomez sued the operator of Corona Regional Medical Center, UHS-Corona Inc.; Universal Health Services Inc.; UHS of Delaware Inc.; the previous nurse manager at the hospital, Judy Okoth; the director of the Intensive Care Unit, Rita Greene; and the Chief Medical Officer and Greene’s supervisor, Sheila Martin. UHS of Delaware was dismissed on a directed verdict, and several other defendants were dismissed from the case. Thus, the matter went to trial against UHS-Corona only. Gomez claimed that there was inadequate staffing to attend to patients’ needs and improper transferring of patients to higher care and that nurses were not being properly trained on specific units where they worked. She alleged that as a result, she began to make several complaints to the hospital and state agencies. Gomez claimed that she was also subjected to a hostile work environment when employees at the hospital whom she did not get along with became hostile toward her. She further claimed that she was retaliated against for making her complaints by being written up on July 11, 2013, having some duties taken away from her, and being threatened with termination. Defense counsel contended that Gomez had a history of not getting along with and/or supervising employees at the hospital. As a result, in June 2013, a group of night shift nurses that were under Gomez’s supervision submitted a letter noting Gomez’s alleged failings. A meeting was subsequently held with Gomez, which was not disciplinary, but in which Gomez was asked what the hospital could do to help her with her management style, counsel maintained. Defense counsel argued that, thereafter, Gomez met with an attorney, and began making internal and external complaints about various issues in an effort to set up her case. Counsel noted that there were numerous emails with Gomez’s complaints, but that they were well after she should have initially reported them to her superiors to handle the alleged issues. Thus, defense counsel argued that Gomez’s complaints were in violation of the hospital’s chain-of-command policy. As such, counsel contended that on July 11 2013, Gomez was legitimately written up for violation of the chain of command. Defense counsel further argued that Gomez’s report to the Joint Commission about her complaints was inconsistent with what she reported to the hospital. In addition, counsel contended that Gomez’s duties were never taken away from her and that Gomez was treated the same as all the other nurses. However, defense counsel argued that Gomez had increasing absentee problems and took two medical leaves, which were granted, but that Gomez never returned from her second medical leave and resigned of her own will. Counsel further contended that Gomez already had another job lined up when she left the hospital and was already working at another facility during her medical leave., Gomez claimed she suffered emotional distress as a result of the incidents. She claimed that she was depressed and could not sleep because she was so concerned about patients’ rights. She also claimed that she was so distressed from the write up in July 2013 and the events surrounding her work that she could not get out of bed to even go to her son’s birthday party. Her husband also testified about Gomez’s alleged emotional distress. Thus, Gomez sought recovery of lost wages, emotional-distress damages, and attorney fees. She also sought recovery for punitive damages. Defense counsel disputed Gomez’s alleged emotional distress claims, and noted that Gomez never sought any counseling. Counsel also argued that although Gomez claimed that she was so distressed that she could not get out of bed to go to her son’s birthday party, Gomez was still able to see her attorneys.
COURT
Superior Court of Riverside County, Riverside, CA

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