Becker's Clinical Quality & Infection Control

May/June 2022 IC_CQ

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24 PATIENT SAFETY & OUTCOMES Former hospital director accuses WVU Medicine affi liate of compromising patient safety By Kelly Gooch A former director at West Virginia University Medicine affi liate Princeton Community Hospital is accusing the healthcare institution of violating patient safety and age discrimination laws. Mark Mustard, a former director of cardiopulmonary and therapy services at the hospital, fi led a lawsuit April 11 in West Virginia's Mercer County. In the lawsuit, Mr. Mustard claims he was fi red a er raising con- cerns about the quality of care provided to patients suff ering from COVID-19 and other respiratory illnesses, according to an April 18 news release from Bailess Law Firm, which represents him. Mr. Mustard's lawsuit alleges that his fi ring — less than one month a er he made patient safety complaints to the hospital's executive team, its chief nursing offi cer, and hospital supervisor Albert Boland — was unlawful retaliation in violation of the West Virginia Patient Safety Act and age discrimination in violation of the West Virginia Human Rights Act. e lawsuit alleges that Mr. Mustard raised concerns focused on staffi ng and patient safety starting in 2020, toward the beginning of the pandemic. He continued to raise concerns, including a report to the hospital's executive team in August 2021 stating that more staff was needed to meet patients' needs because night shi respiratory staff was exhausted and overworked, according to the lawsuit. Mr. Mustard's attorneys said the lawsuit also alleges Mr. Mustard raised concerns in August 2021 to Mr. Boland and the hospital's chief nursing offi cer to report that inadequate staffi ng was pre- venting patients from receiving the necessary amount of aerosol treatments. ese concerns, along with issues he continued to raise in Septem- ber, were not resolved, and Mr. Mustard was fi red Sept. 23 with "no warning that his job was in jeopardy," according to the lawsuit. At the time of the termination, Mr. Mustard was 63 years old, and the lawsuit alleges the hospital chose to terminate him "while retain- ing substantially younger, less qualifi ed and less tenured employees in positions [Mr. Mustard] was qualifi ed to perform." WVU Medicine told Becker's the health system does not comment on pending litigation. Mr. Mustard seeks compensatory damages, including lost pay and benefi ts, as well as punitive damages.n Sugar Ray Leonard Boxing Legend, Successful Entrepreneur and Author, The Big Fight: My Life In and Out of the Ring George W. Bush 43rd President of the United States and Founder of the George W. Bush Presidential Center Michelle Wie Professional Golfer, LPGA October 4-7, 2022 // Navy Pier // Chicago, Illinois 7th Annual HEALTH IT + REVENUE CYCLE CONFERENCE

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