Can Doctors Face Retaliation for Protecting Patients?

September 16, 2010

Medical professionals often feel they have a reputation to protect, and the best strategy for achieving that goal is adherence to accepted medical standards and treating patients with the respect they deserve. But the recently settled case of a New York bariatric surgeon suggests that sometimes patients' best interests are not the foremost goal, when eliminating a colleague who dissents about medical practices seems more expedient.

Dr. Neelu Pal lost her position at New York University's Medical Center in 2006 after she informed several patients scheduled for weight-loss surgery about a recent death and investigation involving the NYU bariatric program, as well as the multiple complications she had witnessed as a surgeon. Dr. Pal had previously expressed concerns to her superiors about incomplete pre-surgical medical histories for patients and the lack of attending physician coverage for post-operative hospital stays after the patients received gastric-band devices. When the administration learned that Pal had contacted patients, she was immediately suspended, and within a month she was informed of her dismissal from her NYU fellowship.

Dr. Pal filed suit against NYU later in 2006, asserting fraudulent inducement and retaliatory discharge, and her case settled in May 2010 after years of procedural litigation. It may not come as a surprise to learn that she is now studying law. She recently commented to Health Reform Watch, a Web publication of Seton Hall University School of Law's Health Law & Policy Program, on her overlapping professional ambitions: "The law can be used in conjunction with any other field to bring it into greater focus and examine it closely while separating its components."

Green Scrubs and a Thin Blue Line: Patients Sometimes Need Legal Advocates to Uncover the Truth

When patients cannot find clear answers from within the medical profession, many seek legal advice and dedicated advocacy from experienced trial attorneys. A medical malpractice lawyer can help you assess your injury or illness in light of the treatment you received, and explain your potential legal options and prospects for recovery. The technical complexity of these cases demands the steady hand and diverse resources that come with experience and extensive practice in this area of law.

Article provided by The Law Office of Elam & Rousseaux, P.A.
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