Two doctors and a medical assistant have filed a workplace discrimination lawsuit against Santa Clara Valley Medical Center, claiming that more than one patient has died there as a result of "substandard care" and that they were ignored or embarrassed, and in one case, terminated, for speaking out.
Santa Clara County Executive Jeff Smith said several outside and internal inspectors found "absolutely no evidence'' that the patients in question died because of negligence.
But Smith acknowledged that the hospital's cardiology department is "dysfunctional" because of the many "personality conflicts" and "plethora of he-said, she-said arguments."
Filed Friday in U.S. District Court in San Jose, the federal lawsuit offers a rare glimpse into the mostly private goings-on in the county-run hospital hallways. Seventy-four pages of allegations paint a one-sided picture of death, backbiting and sexism.
The suit was brought by Thressa Walker, a medical administrative assistant in the cardiology department; Dr. Geeta Singh, a cardiologist; and Dr. Kai Ihnken, chief of cardiothoracic surgery.
"This was a last resort,'' said Charles Bonner, a Sausalito attorney who filed the suit with his partner and son, A. Cabral Bonner. "But the plaintiffs felt this was a moral imperative that they come forward. We have to tell the community what is going on here, that people are dying, and the administration will not change."
Named as defendants are Santa Clara County, Valley Medical Center; Dr. Hollister Brewster, chief of cardiology; Dr. Alfonso Banuelos, chief medical officer; Dr. Dolly Goel, medical director; and Dr. Peter Gregor, a cardiologist. Among other things, the suit alleges retaliation, discrimination, a hostile work environment, invasion of privacy, slander and intentional infliction of emotional distress. One of the most serious allegations stems from the death of an unnamed patient in February 2009. Singh said she advised the patient not to get a stress test on his heart because of his fragile health and history of family heart attacks. Singh said she recommended a "cardiac catheterization" instead. But other cardiologists ignored the patient's wishes and Singh's advice, the lawsuit alleges, and gave the patient a stress test anyway. The patient suffered cardiac arrest and died. Both Walker and Singh allege that they were retaliated against by being ignored, verbally abused and embarrassed in e-mails, among other things, as a result of filing complaints with the Joint Commission of Accreditation Health Organizational regarding what they felt was "substandard" patient care. This allegation does not surprise Smith, who was well aware of this complaint, and many others that the three plaintiffs have filed with county, state and federal officials. He said the negligence allegations have been thoroughly investigated internally and by outside experts, and they found "absolutely no evidence of poor or detrimental care." The third plaintiff, Ihnken, states that in April 2008 he had wanted to perform surgery on a heart patient sooner rather than later, but "administrators denied him that possibility," and the patient died, the suit alleges. Ihnken said after he spoke out about this, he was slandered in public and that his contract wasn't renewed because of it. His last day of work will be in June, his lawyer said. Smith insisted that none of the "three individuals" have been retaliated against, although he acknowledged that from their point of view, they probably would have liked to see more done on their behalf. Smith said the decision not to retain Ihnken was a cost-cutting move since the number of cardiac surgeries has been declining. The multicomplaint suit also alleges misanthropy and inappropriate sex jokes at the hospital. In one example, the suit accuses Brewster of making a rude comment to a patient regarding his genital infection and sex with a pig, and using an expletive at a staff meeting after seeing a movie on personality types. Smith said it's "natural" for the head of a department to receive the lion's share of criticism, and he added none of these allegations are new to him. The trouble has been long documented. "This lawsuit is the last forum available to them," Smith said. "I'm not surprised, I'm disappointed." Contact Lisa Fernandez at 408-920-5002.
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PATIENTS CLAIM RETALIATION AGAINST DOCTORS FOR LAWSUIT HURT THEIR CARE.
Renewed Allegations of Substandard Care at Valley Medical Center
According to Mrs.Claudia Ordonio, there are many problems still being ignored at Santa Clara Valley Medical Center in the Cardiology Unit. She took her husband to the Santa Clara Valley Medical Emergency room, and he became a prime example of substandard care. The lawsuit filed by Thressa Walker, a medical administrative assistant in the cardiology department; Dr. Geeta Singh, a cardiologist; and Dr. Kai Ihnken, chief of
cardiothoracic surgery alleged in a lawsuit filed on October 27,2010 that substandard care and needless delays are caused by political and harassing games played by the upper management named in the lawsuit. The Ordonio’s experience exemplifies the issues, as well as the changes needed in the hospital Cardiology Unit, and likely the hospital as a whole.
"On October 19, 2010, Claudia's husband Leonard Ordonio became a victim of this dysfunction and lack of concern for patients. He was admitted after coming to the ER with severe chest pain and symptoms
of a heart attack. Two tests made it clear that he was in dire need of heart
bypass surgery, for at least 4 blockages. For three weeks, he was scheduled and rescheduled three times. The hospital staff asserted they were trying to get him into surgery, but because VMC is a trauma hospital,
there were more urgent patients than Leonard, even though he exhibited increasing chest pains and other symptoms daily.
On Sunday October 31, 2010, the hospital informed us that the surgery was scheduled for Tuesday, November 2, 2010. Dr Kai Ihnken, Leonard's surgeon, saw him on Monday, November 1 to reassure him that the surgery was going forward, but was told by the Chief of Surgery at that time that he could not perform the surgery or any other surgery because of the lawsuit he had filed. They were replacing Dr. Ihnken with another surgeon without any thought or concern for Leonard's wellbeing and the danger of long delays. After much protest and upset for the patient and his family, bringing a dangerously ill heart patient to tears, his wife Claudia managed to get him transferred to Stanford. Only thanks to Stanford Hospital and
to Dr. Kai Ihnken’s insistence,diligence and skill, Leonard Ordonio's operation was performed by Dr. Ihnken on Wednesday, November 3, 2010 and he is now home recovering.
This incidence was not isolated and showcases the allegations that have been brought against the Valley Medical Center Cardiology Department in the lawsuit brought on October 27, 2010. It is clear that the
complaints on the lawsuit are highly valid and have not been resolved. When investigators came to investigate the hospital, they were not told of Leonard Ordonio’s situation or it would have prompted much mor thorough evaluation. Investigators overlooked or did not know of patients such as Leonard and another recent patient forced into having surgery by another surgeon on November 16, 2010. An outstanding Stanford cardiothoracic surgeon, trusted by his severely ill patients, Dr Kai Ihnken was forbidden to operate or even treat Leonard Ordonio and at least one other patient, in retaliation for the lawsuit he brought, even though he has a valid contract with Valley Medical Center until June 2011.
(Cont'd)
Cont'd
Something needs to be done and done immediately. Lives are at stake and there is no voice speaking up for patients at Santa Clara Valley Medical Cardiology unit. There is only the self-serving bureaucracy, and there are cover-ups of delays and the denial of patients' right to have the Surgeon
they trust and who will do an outstanding job to do their surgery."
Claudia Ordonio continues: "Even the nursing staff is afraid to speak out in fear of reprimand or termination. I received an anonymous email from one of the nursing staff to help us see what is going on. It read: "Good Morning: I have listed below an agency you can contact for assistance. I am an employee here, but cannot come to you directly for fear of losing
my job. The injustice I see regarding your husband is unbelievable. The State
Department is actually here all week from what I hear, so call them this morning to report it and ask if the state workers that are here today can assist you. I would also call Channel & ABC 7 on your side, and I looked up the reporter for San Jose Mercury News Lisa Fernandez. I would not let just anyone here operate on my husband. Dr. Ihnken is the best. If you had insurance, they would treat you differently. The Chief Medical
Officer Dr. Banuelos made this decision because of the lawsuit. Please act immediately. I would get all my family & friends with picket signs and march in front of this hospital if I were you, and I'm sure that would get some attention. I wish I could be of more help to you."
Claudia Ordonio and her husband Leonard assert that it is unfortunate that a top cardiothoracic surgeon, a Cardiologist and a medical administrative assistant had to resort to a lawsuit to get safety issues investigated, but when investigators looked at the cardiology unit, all of the problems were pushed under the rug, and they said they found no such situations. However, Leonard Ordonio is indeed a current situation, and
so is another patient who had surgery on Nov 16, 2010, and probably others who should not be pushed under a rug. This is a county hospital, funded by the county, the state and government, so it should
comply with health and safety for their patients, but this is not what is happening in the Cardiology unit. As one of the most important units in the hospital with critical patients, there is no time for delays due to retaliatory games among upper management.
Hollister Brewster, Chief of Cardiology named in the Lawsuit at Santa Clara Valley Medical Center was removed as Chief of Cardiology on 11/16/2010.
Numbers for members of the news media to call:
408-885-4164 for the Public Information Office. Call during office hours for the condition of a patient, to request an interview, or for more information. Under federal privacy law, the patient's name must be provided to receive condition information.
408-885-6750 for the Nursing Supervisor’s Office. Call after office hours for the condition of a patient. Under federal privacy law, the patient's name must be provided to receive condition information.
The Public Information Officer can be reached at 408.595.2936 after hours for urgent or emergency issues or events.
check out recent lawsuits against Santa Clara Valley Medical Center in the US District Courth Northern California, ninth circuit court
It's too bad organizations that have power over people's lives and deaths go through the same interpersonal struggles that most people do, just because mistakes and grudges can harm other people more acutely in hospitals. I guess that's what medical malpractice suits are there for - to get some form of recompense for personal injury damages and such. As a friend of a good personal injury lawyer in Cambridge MA I wonder if personal injury suits actually deter medical malpractice. Hopefully everyone gets what is just!
My went there since 2009 always had chest pain they said his heart is fine we moved to beaverton oregon. ..and under ohp. He had triple bypass surgery on Jun 22....im mad at valley med
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