Case details
Termination due to refusing to forge patient signature: plaintiff
SUMMARY
$40000
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On July 5, 2010, plaintiff Martella Delacruz was hired by Dr. Jeffry Schafer as a sales consultant by New Image Cosmetic Surgery in Coronado. She claimed that during her employment, one of her coworkers asked her to forge a patient signature on medical records. Delacruz claimed that when she refused and complained about the matter, she was terminated from employment on June 21, 2011. Delacruz sued New Image Cosmetic Surgery’s operator, New Image Coronado Limited LP, and Schafer. (The defendant answered as South Bay Head & Neck Medical Group Inc., as New Image Coronado Limited was erroneously named.) Delacruz alleged that she was wrongfully terminated in violation of public policy and that the defendants’ actions constituted intentional infliction of emotional distress. Delacruz contended that she refused to forge a patient’s signatures on medical records and that after complaining about the matter, she was terminated from employment. She claimed that after her termination, she ran into some former coworkers, who confirmed that they forged signatures for Schafer upon request. The defendants denied Delacruz’s accusations and contended that she was terminated for poor performance and having low sales totals. Thus, they claimed that Delacruz’s termination was not an act of retaliation., Delacruz sought recovery of economic damages for two years up to 20 years (ranging from $40,000 to $400,000), as well as recovery of noneconomic damages for her emotional distress. In addition, she sought recovery of punitive damages. Defense counsel contended that Delacruz was terminated for legitimate business reasons, and was owed zero damages.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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