On March 19, 2012 Dr. Amer fired off this enormous 50-page multi-count lawsuit to various local doctors and hospital administrators. Among defendants are Floyd Roberts, MD and Venkat Banda, MD the Internal Medicine Residency Program and Associate Program Directors respectively.
“The defendants' repeated attempts to evade accountability have come to an end. Now is the time to answer some tough questions and be judged. Let the complaint speak for itself” said Dr. Amer to the local news reporters.
Here are the highlights of some counts:
VIOLATION OF WHISTLEBLOWER STATUTE
Dr. Amer alleges that he was erroneously terminated without any cause whatsoever in violation of the employment contract between Dr. Amer and Baton Rouge General Medical Center and in retaliation for reporting patient negligence, fraud, forgery and refusing to illegally work in excess of the maximum weekly hours allowed.
BREACH OF CONTRACT:
This part of the lawsuit cites the written agreement for Dr. Amer to work as a resident in the Internal Medicine Residency Program for a period of at least one year. It states that “Dr. Amer performed all of his obligations under the agreement for seven months and was ready, willing, and able to continue doing so, but was cut short by the malicious actions of his program superiors and against ACGME as well as Baton Rouge General Medical Center's policy as outlined in the contract”.
Here, Dr. Amer states that “...without legal authority, and with intent to injure or defraud, Dr. Roberts made such alterations to the said record as to make it appear to be of a different tenor. In this record some material was deleted or revised and as a result the record was inaccurate and incomplete”. The record referred to is the October 19, 2011 controversial letter sent to Dr. Amer by Dr. Roberts in which Dr. Amer alleges it contained defamatory statements.
VIOLATION OF DUE PROCESS
In this count, Dr. Amer brings up the “contractually binding Medical Education Policy and Procedure Manual, also referred to as Due Process and Grievance Policy at BRG” which he claims was arbitrarily violated as Dr. Amer was (1) dismissed without a probationary period and (2) without being provided the reasons for dismissal in writing and (3) without the nature of the problem being discussed with him
DEMAND FOR A JURY TRIAL
Dr. Amer demanded a jury trial for all counts.
Read more: http://www.brglawsuit.com