Anesthesiologist Ellis Richard “Rich” Clark, MD, won a $1.6 million whistleblower verdict against Northbank Surgical Center in Salem, Ore. The center fired him after he raised patient safety concerns, according to a Sept. 22 article in The Lund Report. The case is now on appeal.
Dr. Clark sued Salem Surgery Center, which operates as Northbank Surgical Center, in Marion County Circuit Court in April 2024. He sought $1.63 million. The suit also named SCA Health, which owns most of the center, and SCA Health’s parent company, Optum.
According to the complaint, the dispute began April 21, 2023, when nurses at the center refused to give propofol during a case involving a pediatric patient. Dr. Clark objected to the way nursing staff handled anesthesia drugs.
He reported his concerns to Northbank management on April 24. The next day, he reported them to the Oregon Medical Board and the Oregon State Board of Nursing. The lawsuit alleges Northbank fired him on April 26, after consulting with SCA Health.
Dr. Clark argued that his reports were protected conduct meant to keep the public safe. The lawsuit notes that nurses questioned whether he was asking them to work outside their scope of practice.
The case hinged on whether Dr. Clark was an employee, which he had to prove for his whistleblower claim. Northbank’s attorneys argued he was not. Alex Hill, the center’s lawyer, argued on the trial’s opening day that Northbank “is like a wedding rental space.” In his comparison, a venue may supply tables, chairs and some staff, but outside vendors such as the photographer and caterer are not its employees.
Under cross-examination, Northbank CEO Christina Pries, RN, agreed that the center must meet patient safety regulations and said, “We’re not a wedding venue,” according to the report. Ms. Pries first testified that she was a Northbank employee. She later said the center had no employees and that she and other workers were employed by SCA Health.
It also demonstrated that clinicians, and not just patients, can struggle to tell who controls care decisions at facilities with several corporate owners.
Becker’s has reached out to Optum and SCA Health and will update this article if more information becomes available.
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