Shegerian & Associates: Nursing Director Fired After Raising Patient Safety Concerns At UCLA NICU
Suit Claims a Culture of Retaliation Against UCLA Nurses Who Raise Patient Care/Safety Issues
NEW YORK and LOS ANGELES, Sept. 16, 2019 /PRNewswire/ -- A recently filed lawsuit alleges a pattern and practice of retaliation towards nurses at UCLA neonatal-intensive care units ("NICU").
Former Nursing Director Shohreh Samimi – a 30-year nursing veteran – raised serious safety concerns brought to her by nurses regarding a preterm baby. She first went to Dr. Valencia Walker, but when she gained no traction, she reported the issue to the Medical Director. The suit alleges that, as a result of Samimi's report, doctors were angered that Walker's professional judgment had been challenged.
Soon after, with the support of her colleague and superior Dr. Uday Devaskar – Walker filed a complaint of gender and racial discrimination against Samimi (a woman of Persian descent). An "investigation" ensued.
This "investigation" yielded a report finding that Samimi "discriminat[ed] against Walker on the basis of race" by a "preponderance of the evidence." The report confirmed, however, that its finding was based on what UCLA refers to as implicit bias, admits that "[t]he intentions of Samimi [were] not relevant for determining whether or not there was discrimination," and confirms that the report "is not a finding on Samimi's intentions" – raising important issues such as the role of implicit bias in workplace. Because of this, Samimi was demoted.
Witnesses, however, allege that an original investigation was set to exonerate Samimi of these false allegations, but as the lawsuit alleges, Devaskar intervened. The suit also alleges that just one-month after an initial draft report clearing Samimi of wrongdoing was circulated, it was scrapped, and a second investigator was assigned to write a new one.
The lawsuit also alleges that both Walker and UCLA attribute racial animus to numerous other nurses who similarly raised issues of patient care/safety. Of note, UCLA is a Magnet hospital, an award that recognizes hospitals that "truly value nursing talent."
The lawsuit also alleges that Devaskar has a history of mistreating those who disagree with him, particularly women. Despite UCLA's anti-bullying and intimidation policy, he is not believed to have been sanctioned to date.
Carney Shegerian, the founder of Los Angeles-based employee rights law firm Shegerian & Associates, has weighed in on the suit.
"Nurse Samimi acted within her ethical, legal, and moral obligations as a healthcare provider," Shegerian said. "She set an example. The doctors should have embraced her concerns."
About Shegerian & Associates:
Shegerian & Associates has won clients over $300 million in employment-based disputes and maintains a 98% success rate. We have offices in Los Angeles, San Diego, Riverside and New York. The case referenced above is Samimi v. The Regents of the University of California (BC 696 641), filed in the Superior Court of the State of California, County of Los Angeles.
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SOURCE Shegerian & Associates
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