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Menlo Park doctor awarded $1.5M in wrongful firing case

Former Santa Clara Valley Medical Center employee had brought up 90 different issues with management

A jury awarded a former Santa Clara County psychiatrist $1.5 million last week for what the doctor described as a retaliatory firing, according to court documents.

Menlo Park resident Dr. Jan Weber, a former chief of Child & Adolescent Psychiatry for Santa Clara Valley Medical Center Hospital and Clinics, sued the county for wrongful termination after his November 2014 firing. The California-wide Bohm Law Group, Inc. represented Weber in the case.

Weber, 49, said he lost favor with county administrators when he expressed concerns about patient care and worker safety.

"I was advocating for good quality care for a long time," said Weber, who worked with the county-owned and -operated Valley Medical for nearly six years before he left. "The administration felt like I was putting them on the spot," he said.

Patients and hospital managers complained to Weber about inadequate patient care, he said. Urgent care workers turned away children because they didn't have experience working with that age group, he said. Hospital staff refused to give one patient in crisis an emergency evaluation from a psychiatrist, he said.

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Valley Medical Center fired Weber because of his purported low productivity and for canceling an appointment for a patient who was 25 minutes late, Weber's termination letter filed with the lawsuit states.

Valley Medical provides a safety net for people who otherwise don't have access to health care, he said. County residents with no medical coverage or who can't afford services can be treated at the center, according to the health care system's website.

"These are people who can't just get a second opinion from Stanford (Health Care) or the Mayo Clinic," he said. "I had a special obligation to provide the very best care ... . There were glaring shortcomings in how we were providing care."

Weber brought up about 90 different issues with county management during his tenure there, he said. Staff told Weber about unsafe working conditions, including a lack of security officers in the psychiatry emergency room. There were assaults by patients on a regular basis and staff members left the center because of concerns, he said.

In 2017 Valley Medical Center care teams treated more than 275,000 people, according to the center. The same year, Valley Medical staff provided over 800,000 medical treatments in the emergency department and other outpatient settings, according to the center.

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The county declined to comment on the jury award for this story.

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Angela Swartz writes for The Almanac, the sister publication of PaloAltoOnline.com.

Angela Swartz
 
Angela Swartz joined The Almanac in 2018 and covers education and small towns. She has a background covering education, city politics and business. Read more >>

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Menlo Park doctor awarded $1.5M in wrongful firing case

Former Santa Clara Valley Medical Center employee had brought up 90 different issues with management

A jury awarded a former Santa Clara County psychiatrist $1.5 million last week for what the doctor described as a retaliatory firing, according to court documents.

Menlo Park resident Dr. Jan Weber, a former chief of Child & Adolescent Psychiatry for Santa Clara Valley Medical Center Hospital and Clinics, sued the county for wrongful termination after his November 2014 firing. The California-wide Bohm Law Group, Inc. represented Weber in the case.

Weber, 49, said he lost favor with county administrators when he expressed concerns about patient care and worker safety.

"I was advocating for good quality care for a long time," said Weber, who worked with the county-owned and -operated Valley Medical for nearly six years before he left. "The administration felt like I was putting them on the spot," he said.

Patients and hospital managers complained to Weber about inadequate patient care, he said. Urgent care workers turned away children because they didn't have experience working with that age group, he said. Hospital staff refused to give one patient in crisis an emergency evaluation from a psychiatrist, he said.

Valley Medical Center fired Weber because of his purported low productivity and for canceling an appointment for a patient who was 25 minutes late, Weber's termination letter filed with the lawsuit states.

Valley Medical provides a safety net for people who otherwise don't have access to health care, he said. County residents with no medical coverage or who can't afford services can be treated at the center, according to the health care system's website.

"These are people who can't just get a second opinion from Stanford (Health Care) or the Mayo Clinic," he said. "I had a special obligation to provide the very best care ... . There were glaring shortcomings in how we were providing care."

Weber brought up about 90 different issues with county management during his tenure there, he said. Staff told Weber about unsafe working conditions, including a lack of security officers in the psychiatry emergency room. There were assaults by patients on a regular basis and staff members left the center because of concerns, he said.

In 2017 Valley Medical Center care teams treated more than 275,000 people, according to the center. The same year, Valley Medical staff provided over 800,000 medical treatments in the emergency department and other outpatient settings, according to the center.

The county declined to comment on the jury award for this story.

Angela Swartz writes for The Almanac, the sister publication of PaloAltoOnline.com.

Comments

Sarah1000
Registered user
Los Altos
on Oct 2, 2018 at 3:07 pm
Sarah1000, Los Altos
Registered user
on Oct 2, 2018 at 3:07 pm

Thank you to Dr Weber for undertaking this lawsuit. The County talks a lot about “plans” for improving youth mental health services but little comes to fruition (while they hold back over $133 million funds given to the County specifically to be spent on mental health). It’s appalling.


Book Doctor
Stanford
on Oct 3, 2018 at 3:40 pm
Book Doctor, Stanford
on Oct 3, 2018 at 3:40 pm

Thank you, Dr Weber. You are certainly not alone. Several of my PAMF physicians have had similar problems with management concerned more with "efficiency" and the bottom line than with patient care. A few have joined other practices or been pushed out; others have taken early retirement. What do people do who can't afford concierge care?
I'm very glad Dr Weber's lawsuit succeeded. Others have not, and the doctors who filed them have been stuck with huge legal bills. Most individual doctors don't have pockets deep enough to risk appealing.
Patients need to speak up, and doctors need to band together to withstand the bullying tactics of medical management.


BarbJ
Palo Verde
on Oct 3, 2018 at 8:22 pm
BarbJ, Palo Verde
on Oct 3, 2018 at 8:22 pm

I could not be more pleased that Dr. Weber has been vindicated, but I'm wondering who is paying the award. As a taxpayer and a victim of shoddy care at Valley Med, I sure don't want to chip in. How about we make sure that the guilty administrators pay it?


Tiffany Maciel
another community
on Oct 8, 2018 at 7:08 am
Tiffany Maciel, another community
on Oct 8, 2018 at 7:08 am

This article confirms the heartbreaking and illegal disregard and apathy towards mentally and emotionally vulnerable children by our county leaders that has long been suspected...Lucille Packard does not welcome children with mental health needs, they are sent away. Another article in The Metro states that Dr. Weber also complained about Valley medical turning away a 14 year-old girl hearing voices instructing her to kill herself, and our juvenile detention center pepper spraying children, and medicating juvenile detainees without providing regular therapy or medical ovesite......
"Years before the county began reforming its correctional system in response to the 2015 murder of mentally ill inmate Michael Tyree by three deputies, Weber said he alerted them to problems with psychiatric care at the jails. Mentally ill inmates were being discharged with no plan for follow-up treatment, Weber said, leading to higher rates of relapse and recidivism.
Weber also warned county officials that being assigned to a juvenile detention facility only one day every other week was not enough, as federal law requires more frequent monitoring for youth on antidepressant medication"


CrescentParkAnon.
Crescent Park
on Oct 8, 2018 at 11:44 am
CrescentParkAnon., Crescent Park
on Oct 8, 2018 at 11:44 am

If doctors did not have to live in fear of these monolithic institutions which have complete power of their careers and that want to control their every action and word I am sure we would hear almost nothing but complaints about their working conditions and many stories about how patients are underserved.


Anonymous
Duveneck/St. Francis
on Oct 8, 2018 at 12:47 pm
Anonymous, Duveneck/St. Francis
on Oct 8, 2018 at 12:47 pm

This is a difficult subject - mental health - and must be challenging work. And it is about necessary services. I am confused as a Palo Altan about hearing Stanford turns away youth with mental health issues - - including acute!? Some of us in the concerned public read a little bit about this, but there is every indication this is a major topic deserving much more attention to solve problems. We need government oversight and industry practices to make improvements and show concern. This is an important, complicated topic. Instead, often, Santa Clara County and the City of Palo Alto (for examples of two relevant local government entities with huge budgets) have elected leaders who choose to prioritize irrelevant topics or fad issues.


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