A jury has found that emergency physician Thomas Bolton, MD, was not fired for whistleblowing about patient safety concerns at HCA’s LewisGale facilities, Virginia Business reported April 15.
What happened?
- Dr. Bolton sought $20 million in damages against Salem, Va.-based Lake Spring Emergency Group, which staffs physicians at the LewisGale facilities.
- He objected to alerts and digital signage displaying ER wait times, arguing they compromised patient safety by prioritizing speed over quality of care.
- In August 2021, Dr. Bolton was placed on a Performance Improvement Plan, which he believed was retaliatory. The employer cited concerns about clinical efficiency, communication and punctuality.
- In January 2023, he raised a significant complaint about an 800-pound patient who remained in the ER for 45 hours without lab work, a key event in his timeline of concerns.
- In February 2023, Dr. Bolton was informed that his physician agreement would be terminated, effective after May 2, 2023.
- During the trial, evidence highlighted ongoing concerns about Dr. Bolton’s charting delays and his distrust of leadership at SCP Health, HCA and Lake Spring Emergency Group regarding their handling of patient safety issues.
- The lawsuit is believed to be the first case brought to trial under Virginia’s new whistleblower protection law, making it a precedent-setting case.
Who else is involved?
- The court dismissed HCA Healthcare and its affiliated entities (LewisGale Medical Center, LewisGale Hospital and HCA Management Services) from the lawsuit.Only Lake Spring Emergency Group remained as a defendant during the trial.
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