A cardiologist is suing his hospital for allegedly firing him for reporting patient safety concerns about another cardiologist. How can would-be physician-whistleblowers protect themselves?
Cardiologist Daniel West, MD, had practiced at Trinity Health Muskegon Hospital, Muskegon, Mich., since he finished medical school. His mother worked at the Michigan hospital as a lab technician, and West and his brother were born there.
“I poured my heart and soul into caring for my patients and supporting my community, my practice, and the hospital for over 35 years,” West told. “I feel betrayed and humiliated by the very institution for which I dedicated my entire career.” The tech showed an example of the cardiologist’s reading to West, who convened three other cardiologists in the practice to review the results, according to court documents. All three concluded the EF was closer to 0.45.
West and his fellow cardiologists then spent nearly two years scrutinizing the cardiologist’s ICD procedures, including requesting data from the medical device provider that supplied ICDs to the Muskegon cardiology practice, according to West’s complaint. Fearing the evidence would be buried, West and the group of reviewing cardiologists authored a letter to Trinity administrators about their concerns and also reported their findings to the US Attorney’s Office in Grand Rapids, according to court documents.
The other physicians who signed the letter weren’t fired; they continue to work at the hospital. After West was terminated, the hospital offered his position to the other cardiologists in the group, Williams said, but none of the doctors would accept it because they felt what happened to West was wrong.
“For doctors, that means if they report a fellow physician who they believe is engaging in medically unnecessary care in a way that is potentially defrauding government insurers, even if the necessity of that care is arguably subject to ‘medical judgment,’ the physician whistleblowers are protected from retaliation under state and federal laws,” he said.
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