Becker's Hospital Review

140 CMO / CARE DELIVERY Union sues HCA California hospital, accused of facilitating spread of COVID-19 By Kelly Gooch A union representing 1,190 workers at Riverside (Calif.) Community Hospital sued the facility, alleging it recklessly facilitated COVID-19 spread, increasing the likelihood that patients, em- ployees, visitors and the community would be infected. Service Employees International Union– United Healthcare Workers West filed the lawsuit Aug. 20 in the Superior Court of California in Riverside County. e suit also named the hospital's parent company, Nash- ville, Tenn.-based HCA Healthcare. e plaintiffs include three hospital workers who contracted COVID-19 and the daugh- ter of a hospital employee who died from COVID-19. "All of us as healthcare workers know we face higher risks in a hospital environment where we work in close proximity to patients suf- fering from COVID-19, but this hospital and its parent company didn't follow CDC guide- lines and didn't seem to care about our safety or the safety of our patients," one of the plain- tiffs, Gladys Reyes, who works as a lab assis- tant and phlebotomist at the hospital, said in a news release. "I was told I didn't need a sec- ond COVID-19 test before returning to work in July even though I still had symptoms. I took one anyway and tested positive." e lawsuit alleges that the hospital and HCA's policies and practices "created or sub- stantially assisted in the creation of an action- able public nuisance" under state law, which "caused substantial, life-threatening harms to the health and safety" of patients, visitors and the community. Allegations by the union include requiring employees to work without optimal personal protective equipment; forcing sick employees to work despite having symptoms consistent with the virus; and pressuring workers to not take "reasonable and necessary precautions" against COVID-19 exposure. In response to the lawsuit, Riverside Com- munity Hospital sent a statement to Becker's Hospital Review pointing to its safety efforts to protect workers. "Since day one, our top priority has been to protect them — to keep them safe and keep them employed — so they can best care for our patients," the hospital said. "Any sugges- tion otherwise ignores the extensive work, planning and training we have done to ensure the delivery of high-quality care during this pandemic. "Our safety efforts have included testing of colleagues, universal masking and other safe- guards, in line with guidance from the CDC. We're proud of our response and the signif- icant resources we've deployed to help keep our colleagues safe." e lawsuit is "an attempt for the union to gain publicity," the hospital stated, and it will vigorously defend itself against it. n Ballad dismisses cardiothoracic surgeon who asked CEO to make incision on patient By Ayla Ellison J ohnson City, Tenn.-based Ballad Health let go a cardio- thoracic surgeon after he invited the then-CEO of Bris- tol (Tenn.) Regional Medical Center to participate in a surgical procedure, according to the Bristol Herald Courier. Greg Neal stepped down as CEO of the hospital on Aug. 20 and subsequently told the Courier that he was asked to resign after participating in a surgical procedure without a medical license. On Aug. 25, a Ballad Health spokesperson confirmed to the Courier that Nathan Smith, MD, was the surgeon who invited the CEO to enter the operating room to observe the surgery and asked him to make the initial incision for the procedure. Mr. Neal admitted his role in the incident in an email to the Courier, saying he regretted making the incision and accepted accountability. "More importantly, I apologize to the patient and their fam- ily. I apologize to the team members of Ballad Health, and to the leadership of Ballad Health," Mr. Neal said. After learning of the incident, Ballad officials launched an investigation, which concluded with asking Mr. Neal to re- sign and terminating Dr. Smith's employment, according to the report. The Courier reported that Dr. Smith had only been with Bristol Regional Medical Center since July, the same month he graduated from the cardiothoracic surgery fellowship program of Albany (N.Y.) Medical College. The publication was unable to contact Dr. Smith on Aug. 25, and it's unclear if the state is investigating the incident. "Any complaint and/or investigation is confidential unless and until the board takes action," a spokesperson for the Tennessee Department of Health told the Courier, regard- ing a possible investigation that would come before the Tennessee Board of Medical Examiners. n

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