A North Dakota oral and maxillofacial surgeon who filed a whistleblower case against MeritCare (now Sanford) was awarded $895,000 by a jury.
Mitchell Magid, DMD, is a former MeritCare surgeon who sued the company, claiming he was fired for raising concerns about the reuse of disposable breathing circuits and about a fellow surgeon's clinical practice issues, according to law firm Nichols Kaster.
The jury award included $745,000 in compensatory damages and $150,000 in punitive damages.
After being hired in 2004, Dr. Magid learned that the anesthesia department was reusing disposable breathing circuits, which he considered a health risk. Although he reported his concerns in 2005, MeritCare did not stop reusing them until 2009 when the reuse was brought to the attention of the hospital's accrediting agency.
Dr. Magid then noticed that another surgeon refused to wear proper attire, such as scrubs, protective eyewear, and a mask, when performing procedures and did not complete anesthesia record documentation. Dr. Magid brought his concerns to management, but they were ignored and he was ultimately fired for raising the issues, according to his lawsuit.
Dr. Magid currently practices in Lynchburg, VA.
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