Surgeon’s alleged threat costs New York hospital

An appeals court last week upheld a judgment against Ellis Hospital, in Schenectady, New York, over a violent threat allegedly made by a former surgeon to a physician assistant (PA) during an open heart procedure in 2009. The facility must compensate Caterina Lucke, PA, via worker’s compensation, for lost wages. The hospital sought to have Lucke's award overturned, arguing that she was familiar with cardiothoracic surgeon Harry J. DePan, MD's "difficult" personality; and that the presence of others in the OR undermined the severity of the threat.

The court cited the psychiatric diagnoses of post-traumatic stress and adjustment disorder caused by the incident, in which DePan allegedly told Lucke “If that happens again, I'm going to put you through the wall,” according to New York Workers’ Compensation Board documents. Lucke was suctioning blood out of the pericardium at the time, and DePan allegedly made the threat when tissue got caught in the suctioning device. Lucke testified that the threat left her petrified and fearing for the patient’s life.

Source: Outpatient Surgery