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Ugly operating room incident leads to distress trial

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in Employment Law,Human Resources

A federal court has held that two doctors can sue over outrageous behavior in the operating room.

Recent case: Two Jewish anesthesiologists working for Aria Health can sue over another doctor’s be­­havior, which they allege caused them severe emotional distress. They alleged that a surgeon with whom they regularly worked made comments about their Jewish roots.

Then, during an operation, one of the anesthesiologists pointed out that there was air in a surgical tube. The surgeon allegedly exclaimed, “I don’t f***ing care, start the mother***ing pump, she’s going to die anyway.”

Plus, the same doctor allegedly once waved a bloody catheter at one of the anesthesiologists.

The court said the case could go to trial based on outrageous behavior. (Ginsburg, et al., v. Aria Health, et al., No. 12-1140, ED PA, 2012)

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