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COMMONWEALTH OF KENTUCKY BOONE COUNTY CIRCUIT COURT DIVISION, —, CASENO. (B=CEGS frown ane SEP O4 205 | Duane bn acm, | Phaintitt COMPLAINT WITH JURY DEMAND ) ) ) ) ) ) ) } SAINT ELIZABETH MEDICAL CENTER, INC.) KY Org. No. 0074559 ) ‘baa St. Elizabeth Medical Center, Ine, ) 4.b.a, Saint Elizabeth Healthcare, ) .b.a. St Elizabeth Healtheare, ) .b.a. Saint Elizabeth Florence, ) ‘baa, St. Blizabeth Florence, ) ‘One Medical Village Drive ) Edgewood, Ky. 41017 ) Serve vin Certified Mail ) Registered Agent ) Robert M, Hoffer ) ) ) ) ) ) ) ) } ) ) ) ) ) } ) ) d ) 207 Thomas More Pkwy Crestview Hill, KY 41017-2596 JOHN EASON, LCSW ‘Agent for Sain Elizabeth Medical Center, Ine, Serve via Cortified Mail at: (One Medical Village Drive Edgewood, KY 41017 ANTHONY ALVAREZ, MD Serve via Certified Mail at: Behavioral Health SEP 200 Medical Village Drive dgewood, KY 41017 ‘SUMMIT MEDICAL GROUP, IN KY Org. No. 0346173 fLk.a. Saint Bliznbeth Physician Services, Ine, dubaa, St. Elizabeth Physicians 334 Thomas More Parkway, Suite 200 Ceestview Hills, KY 41017 Serve via Certified Mail Registered Agent Robert M. Hoffer 207 Thomas More Pkwy Crestview Hills, KY 41017-2596 ST. ELIZABETH PHYSICIAN SERVICES, LLC KY Org. No. 0467149 ‘Hk. Physlolan Assoclates 334 Thomas More Parkway, Suite 200 Crestview Bills, KY 41017 ‘Serve via Certified Mail Rexis ent James A, Dressman, IL 207 Thomas More Parkway Crestview Hills, KY 41017 IMOTHY LOVE, MD ‘Serve via Certified Mail: ‘Emergency Care Physicians of Noxtbera Kentucky, PSC 85 North Grand Ave Fl, Thomas, KY 41075, EMERGENCY CARE PHYSICIANS OF NORTHERN KENTUCKY, PSC 85 North Grand Ave Ft, Thomas, KY 41075 Serve via Certified Mail Registered Agent Joni L Vest BS North Grand Ave Ft. Thomas, KY 41075, JOHN DOE Referred to as “Social Worker Mike” ‘Serve via Certified Mail: Saint Elizabeth Medical Center esistorod Agent Robert M. Hoffer 207 Thonsas More Pkwy Crestview Hill, KY 41017-2596 Defendants JURISDICTIONAL ALLEGATIONS 1. Defendant, Saint Elizabeth Medical Center (hereinafter St Elizabeth) isa hospital operating a psychi defined by KRS 202.011, KRS 202A, and 901 KAR 20:180. ie facility and psychiatric unt, and provides services for the mentally ill as 2. Defendants Summit Medical Group, Ine. dba, St, Blizabeth Physicians, St. Elizabeth Physicians Services, LLC, and Summit Medical Group Ine, have a primary place of lizabeth Medical Center ‘business in Kentucky and provide services to patients at St 3. Defendant Emengeney Care Physicians of Northern Kentucky P.S.C., has @ primary place of business in Kentucky and provides services to patients at St. Elizabeth, 4, Defendant, Dr. Timothy Love, is an “authorized staff physician”, a “qualified ‘mental health professional” as defined by KRS 202.011, a person as defined by KRS 202A.991, and an agent of one or more ofthe Defendants 5. Defendant, Dr. Anthony Alvarez is an “authorized staff physician”, a “qualified ‘mental health professional” as defined by KRS 202,011, a person as defined by KRS 202A.991, and an agent of one or more ofthe Defendants. 6. Defendant, Social Worker John Eason, is “qualified mental health professional” 4s defined by KRS 202.011 and KRS 202.400, « person as defined by KRS 202.991, and an agent of one or more ofthe Defendants. 7. Social Worker Mike last name unknown, is « “qualified mental health professional” as defined by KRS 202.011, a person as defined by KRS 202A.99I, and an agent of one or more ofthe Defendants. 8. Patient Care Coordinator Robin MoGee, isa person as defined by KRS 2024.91 and an agent of one or more ofthe Defendants 9, Registered Nurse Robert Richter, is person as defined by KRS 202A,991 and an agent of one or more ofthe Defendants. 10, Registered Nurse Heather Kuchle is a person as defined by KRS 202A,991 and an agent of one or more ofthe Defendants, 11, Registered Nurse Tammy White is a person as defined by KRS 202.991 and an agent of one or more ofthe Defendants 12, Registered Nurse Karen Dickerson i a person as defined by KRS 202,991 and ‘an agent of one or more ofthe Defendants. 13, Patient Care Coordinator Supervisor, Wendie Parrot-Morgan isa person as defined by KRS 202A,991 and an agent ofone or more ofthe Defendants 14. Atall times relevantto this action Plaintiff was a “patient” as defined by KRS. 202.011 FACTS RELEVANT TO ALL CAUSES OF ACTION 15. Plaintiff was employed by Taylor and Francis between 2004 and September 10, 2014, 16, In uly2014, Plaintiff notified Kenry Baker, Viee President of Human Resources {for Taylor and Francis, located in Florida, of a co-worker's harassment of women atthe Kentucky location and managements refusal fo address the situation, 17. On August 26, 2014 Plaintiff notified Ms, Baker that she was being retaliated against because of her complaints and was told to deal with the situation or quit 19, On September 9, 2014, while at work, Plaintiff experienced chest pains, notified her employer, and drove to the Emergency Department at St. Elizabeth. (ER). 20, Plaintiff reported chest pains and stress at work and indicated she would need a new provider for her depression because her doctor, Dr, Wooten at St. Elizabeth Behavioral Healt, had relocated, 21, Between 8:30 am, and 10:17 a.m, mental, behavioral, psychological, psychosocial, and psychiatric health assessments of Plaintiff refleted she was oriented, exhibited appropriate safety awareness, judgment and atention, and didnot reflect she had ‘expressed or exhibited any suicidalMomicidal thoughts, destructive behaviors, or was a danger to selfor others 22, A110:17 am. Patient Care Coordinator Robin McGee consulted with an ‘unidentified individual, the details of which are not contained inthe medical records, 23. At 10:24 aim. the medical records falsely suggest Plaintiff consented 10a “telepsych evaluation” with a Social Worker. 24, Plaintiff dd not consent to an evaluation but rather was tld she “had to" speak ‘witha Social Worker due to her history of depression 25, The medical records contain no details of the “telepsyeh” other than to suggest Plaintiff spoke with a Social Worker, identified only as “Mike”, via elepsyeh, at 10:31 am. 26, At 10%39 am, Registered Nurse Karen Dickerson, directed the Registrar to to the Behavioral Health/Mental Heath Unt” (hereinafter “complete Plaintf?’s admi MHU). 27, The medical records do not reflect what, if any, medical treatment Nurse Dickerson provided to Plaintiff 28, Between 11:03 and 11:07 am. Social Worker John Eason (hereinafter Social ‘Worker Eason) assessed Plaintiff charting her as alert, coherent, calm, cooperative, oriented to time, place and person, without indicating she was homicidal or suicidal, made any “threats of| violence”, had “psychiatric symptoms" or “symptoms of psychosis" ot was “danger to others." 29. At11:07 am. Fason charted that Plaintiff's admission to the MEU was “advised” by “patient logistics” and “recommended” by Psychiatrist Anthony Alvarez but didnot chart any details regarding the consultations 30, At 11:07 am, Eason charted a “Note”, falsely suggesting Plaintiff reported heating hor deceased sister calling help me Patty, was thinking of harming others at her workplace, would like to punch her supervisor and other managers, and feared she could slam someone in the head and wouldn't stop. 31. Plaintiff reported only that she “sometimes felt like punching” the co-worker wito harassed her and she occasionally had dreams about her deceased sister. 32. AtIL:44 am, Bason charted a consultation with Caze Coordinator Supervisor, Wendie Parrot-Morgan regarding a “duty to war’, but did not chart any details of the consult 33, At 11:44 am., Eason charted he contacted HR Director Kerry Baker at Taylor and Francis to tell her Plaintiff had made “threats to harm managers at the workplace.” 34. At12.05 pim,, ER Dr. Timothy Love filed Provider Notes assessing Paintif as “oriented to petson, Ginn wl place” with “nonural pyyehiattic mood ane affect” but falsely suggesting Plaintiff “eventually admitted” “hallucinations” and “homicidal thoughts.” 35. The medical records falsely eflect Plaintiff signed a voluntary admission and hospitalization for psychiatric evaluation at 1:55 p.m, but accurately reflect she was escorted 10 the Mental Health Uni (MITU) by a security guard, 36, Plaintiff asked to leave the MHU but Registered Nurse Robert Richer told her she had to first speak with a Psychiatrist 37. Plaintiff was foreed to remain in the MHU until September 10, 2014, 38 Onthe moming of September 10, 2014, Plaintiff was told her doctor had been “switched” from Dr. Anthony Alvarez to Dr, Nelson Tauro. 39. Plaintiff met with Dr. Tauro on September 10, 2014 and was immediately Aischarged after Dr. Tauro noted: “Patient was calm and cooperative on the unit. She reperted being angry with her coworker and denied having homicidal thoughts. She did not appear to have signs of serious mental illness. She was social and atended groups. No impulsive behavior ‘was noted. Today on discharge she appears stable and denies suicidal and homicidal thoughts." 40. Plaintiff asked Dr. Tauro fora medical excuse to provide to her employer, which De. Tauro provided 41, After being released from the MHU, Plaintiff called her employer to report she had been released from the hospital and would return to work on September 11,2014, 42, Plaintiff was told she had been terminated because St. Blizabeth had reported that she threatened management. 43, Plaintiff contacted St. Elizabeth and complained that false information had been ven to her employer: 44, On September 13, 2014, St, Hlizabeth told Plaintiff she hed been admitted om September 9, 2014, pursuant to “72 hour involuntary psychiatric admission”, and the Social Worker” had contacted her employer because he had “interpreted” Plaintiff's statements as “being specific threats of violence against members of your workplace.” 45. On September 13,2014 St. Elizabeth seanned «72 Hour Involuntary Admission Form, purportedly signed by Dr. Alvarez on September 9, 2014 at 7:15 p.m, into PlantifP's ‘medical record, 46, The 72Hour Involuntary Admission Form” falsely reflected Plaintiff had been “examined” by Dr, Alvarez 47. Between her admission and discharge from St. Elizabeth, only Social Worker ‘Eason charted Plaintiff was a danger to self or others, F KRS 2 ACTIONABLE PURSUANT TO KRS 446.070 48. Plaintiff reiterates, re-alleges, and incorporates by reference each allegation contained in Paragraphs 1 through 47 as though rewritten verbatim herein, 49, Plaintiff never communicated an actual threat of physical violence against any clearly identified or reasonably identifiable victim, nor did she communicate an actual threat of any specific violent act, 50 None ofthe Defendants had a duty to warn or to take precautions to provide protection to any individual pursuant to KRS 2024.40. 51. Assuming 2 “duty to war’ existed Fason’s communications with an HR ‘Representative in Florida, regarding alleged threats to individuals in Kentucky, were not a reasonable effort to communicate a threat to @ reasonably identifiable victim. 7 52, Defendants’ actions were in ba faith and Defendants are not entitled to exemption from liability pursuant to KRS 202A,301 53, Asa result of Social Worker Fason’s unlawful and false report to Plaintif?'s ‘employer, Plaintiff was terminated and suffered damages. counrn LATION OF KRS 202,026 AND 202A, 54, Plaintiff reiterates, realleges, and incorporates by reference each allegation contained in Paragraphs 1 through 54 as though rewritten verbatim herein 55. Plaintiff was not a mentally il person who presented a danger or threat of danger to self or others, hospitalization was not the least restrictive altemative mode of treatment for her