Jun 27, 2014 4 min read

WAYNESBURG – A motion filed June 4 by attorneys for Southwest Regional Medical Center seeking to overturn U.S. Magistrate Judge Maureen P. Kelly’s decision continuing all counts of a lawsuit brought against the hospital by a former employee was denied Wednesday in U.S. District Court in Pittsburgh.

Kelly declined to dismiss multiple counts in the lawsuit filed Oct. 22, 2013 by Marie Gillispie of Rogersville. Gillispie claims that she was fired from her job at the hospital after she requested alleged violations of the Emergency Medical Treatment and Active Labor Act be reported to the Department of Health and the Patient Safety Authority.

Attorneys for Regional Care Hospital Partners Inc. and Essent Healthcare-Waynesburg, LLC, doing business as SWRMC, filed a motion to dismiss four counts. Kelly’s denial of the motion was upheld by U.S. District Judge Mark Hornak. In Hornak’s memorandum order filed Wednesday, he said the motion to dismiss was fully briefed to Kelly and she denied the request.

Gillispie, who was the quality project coordinator at the time of her dismissal, contends in the suit she was tasked with investigating the death of an Intensive Care Unit patient by SWRMC CEO Cynthia Cowie and was to report her findings to Cowie.

Gillispie alleges her investigation revealed the nursing staff and respiratory therapist failed in their duty to provide competent medical care to the patient. Gillispie categorized the care as “grossly negligent,” and stated it was her belief the patient’s death was unnecessary and likely preventable.

Gillispie said she reported the findings to Cowie and asked if she was to report the incident to the Patient Care Authority. She said Cowie told her no such report was to be made and that the state was at the hospital a little over a month prior and SWRMC could not afford another investigation. Gillispie claimed she asked Cowie if a letter could be sent to the patient’s family explaining the circumstances of the patient’s care and death and was told no letter was to be written.

According to the suit, Gillispie said she then went to Taryn Hughes, the lead respiratory therapist at the hospital and Darla Bricker, the patient care manager, to express to them the hospital’s obligation to report this and notify the family. She said she told them Cowie would not permit this. Gillipsie said she then spoke with her supervisor, Pam Carroll, telling her the same thing.

Gillispie alleged other violations of patient care in the lawsuit, claiming these instances also went unreported, despite her efforts otherwise.

Gillispie said a meeting was held Oct. 24, 2012, where she reported to Cowie and others the violations of Emergency Medial Treatment and Active Labor Act. She said she continued to insist the violations be reported but was reminded by Cowie the hospital recently been the subject of two other EMTALA investigations.

On Oct. 25, 2012, another meeting was held where Gillispie said she again said it was imperative the hospital report the violations, according to the suit. Gillispie said Cowie responded by saying, “We can’t report this. We just got a letter (regarding the most recent of the two investigations.) It’s clear-cut that we are not going to report this.”

The following day, Oct. 26, 2012, two investigators from the Pennsylvania Department of Health were at SWRMC to investigate a complaint made by a male patient and his son, according to Gillispie.

The family allegedly complained the patient received poor care and nurses involved in the case had not been disciplined, as had been represented by the hospital, Gillispie said.

She said she was interviewed by investigators regarding the handling of the patient’s care and what discipline, if any, had been administered to the nurses responsible for said care. Gillispie said she told the truth and was accused by Cowie of “throwing” a co-worker “under the bus.” Gillispie said Cowie then directed her to leave the premises and subsequently fired her on Nov. 1, 2012.

In response to the allegations made by Gillispie, SWRMC issued a release in December that said the Pennsylvania Department of Health conducted an unannounced visit to inspect and analyze the care provided at the hospital. According to the release, this investigation revealed the allegations made by Gillispie to have been “misplaced and unwarranted.”

Attorneys for SWRMC have until July 10 to file an answer Hornak’s memorandum order.