Stewart-Dore v. Webber Hospital Ass'n
13 A.3d 773
| Me. | 2011Background
- Stewart-Dore, an operating room nurse, was terminated after over sixteen years at Southern Maine Medical Center (Webber).
- In July 2007 she treated a nurse with a staph infection and reportedly raised concerns about infection control; supervisors reassured her it was safe for the other nurse to work.
- Relations with a peer nurse deteriorated; both nurses complained to supervisors about harassment and communication failures affecting patient care.
- January 2008 meeting warned the two nurses about ongoing personal conflict and potential discipline for future problems.
- April 10, 2008 and May 29, 2008 incidents intensified the conflict; Stewart-Dore sought to file a formal complaint with the security manager in May 2008.
- After a meeting, the vice president of human resources interviewed Stewart-Dore; she denied disclosing information, but the security manager confirmed disclosure of the prior infection to the security manager.
- The vice president terminated Stewart-Dore citing a breach of patient confidentiality, under hospital policy on intentional disclosure of protected health information.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stewart-Dore engaged in protected activity under the WPA | Stewart-Dore reported safety concerns and patient care issues in good faith. | Her reports were not made with good faith or reasonable cause to believe a dangerous condition existed. | Genuine issue of material fact remains |
| Whether protected activity was the cause of the termination | Termination followed her safety-related complaints and disclosures. | Disciplinary termination was based on a breach of patient confidentiality independent of WPA activity. | Remanded for further proceedings; not decided at summary judgment |
| Whether the adverse employment action was properly attributed to protected activity | There is a causal link between reporting safety concerns and termination. | Termination was due to confidentiality breach, not protected activity. | Remanded for further proceedings |
Key Cases Cited
- Currie v. Indus. Sec., Inc., 2007 ME 12 (Me. 2007) (protective activity requires good faith and reasonable cause)
- Blake v. State, 2005 ME 32 (Me. 2005) (material issue of fact on protected activity)
- Doyle v. Dep't of Human Servs., 2003 ME 61 (Me. 2003) (summary judgment standard and viewing facts in plaintiff's favor)
- Bard v. Bath Iron Works Corp., 590 A.2d 152 (Me. 1991) (reasonable belief in dangerous condition required for WPA protection)