Warning: Abusive behavior can lead to lawsuits
A male physician has a well-known habit of using vulgar language and continually berating the nursing staff — who all happen to be female. This behavior exposes your ED not only to high vacancy rates for nursing staff, but also significant liability risks, says Brian A. Lapps Jr., a Nashville, TN-based attorney specializing in employment law.
"If an ED physician is only abusive to female nurses, that could be perceived as gender-based, and that nurse could file a hostile work environment claim if the abuse is bad enough," he explains. "It’s not unlawful to be mean, but it is illegal to be abusive to people based on gender, race, or disability. If a physician only picks on women, that can lead to lawsuits."
Even though the hospital may not be employing the physician, there still is an obligation to provide employees with a workplace free of unlawful discrimination and harassment, adds Lapps. "There is a shift away from overt sexual harassment claims to more subtle forms of discrimination, such as abusive comments directed only at women."
If possible, have a physician peer or medical director address the problem with the physician directly, Lapps recommends. If that doesn’t work, more formal and forceful action is needed, all the way up to and including potential revocation of privileges, he says.
"Ignoring the problem only makes it worse," he emphasizes. "Investigate the complaint, find out what’s going on, document your findings, and take appropriate action to put a stop to it."
Source
For more information on liability risks in the ED, contact:
- Brian A. Lapps Jr., Waller, Lansden, Dortch & Davis, Nashville City Center, 511 Union St., Suite 2700, Nashville, TN 37219. Telephone: (615) 850-8907. E-mail: [email protected].
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