Nurse's Sexism Suit Rips Brigham Surgical Chief
Boston Globe
April 01, 2008
Sworn statements from four employees who worked with the chief of neurosurgery at Brigham and Women’s Hospital paint a picture of “an old boys’ network that remains alive and well” in one of the nation’s most prestigious hospitals, the lawyer for a surgeon contends in a sex discrimination lawsuit.
In a recent deposition, a nurse said that the chief, Dr. Arthur L. Day, on occasion displayed an 8-inch sculpture of a penis on his desk, routinely referred to female colleagues as girls, and downloaded sexually explicit drawings from the Kama Sutra, a traditional Indian guide to sex, onto her personal digital assistant.
In an affidavit, a department administrator alleges that Day once pointed at the belly of a pregnant administrative assistant and said, “We know what you’re doing at night.”
Dr. Arthur L. Day
In another affidavit, a medical secretary says she was walking out of a clinic, counting money, when Day said something to the effect of, “Sugar, I told you that you don’t have to pay for what I do for you.”
Day vigorously denied the allegations, saying in a statement released by the hospital yesterday that he was “deeply saddened to hear these falsehoods.”
“I deny the statements made against me in an attempt to damage my person al and professional reputation,” Day said. “I welcome a thorough inquiry of the issues, as I am sure that the findings will indicate that all of my actions were based solely on maintaining high quality patient care and academic integrity.”
The employees made the statements this month as part of the lawsuit brought by Dr. Sagun K. Tuli, a neurosurgeon who has accused Day and the hospital of denying her promotions while giving more favorable treatment to male colleagues with less experience.
Tuli filed the suit in December, a month after the hospital’s credentials committee informed her that she would have to undergo a medical evaluation or she would not be permitted to practice at the Brigham after April 15.
In a statement yesterday, the hospital said concerns had been raised “about her behavior and interpersonal communications with patients, colleagues, and employees” and that the hospital had sent other doctors for similar evaluations “to assure optimum patient care and service.”
Tuli’s lawyer, Margaret M. Pinkham, says in court papers that the required medical review is “the culmination of years of disparate treatment, discrimination, and retaliation she has experienced” from Day.
Tuli, who has been at the Brigham since 2000, has asked a federal judge to allow her to remain at the hospital without undergoing a medical evaluation.
“From a 30,000-foot vantage point, the facts in this case are almost a cliché: Brilliant young Indian female surgeon who singlehandedly carries the load of neuro-spine service at Brigham and Women’s Hospital crosses paths, and butts heads, with Southern white male surgeon of a different generation,” Pinkham told the court in a legal brief.
Day, a 1972 graduate of Louisiana State University School of Medicine, practiced in Florida before coming to the Brigham in 2002.
In his statement, he said, “I strongly believe that I honor the tenets of respecting all of my colleagues and trainees, and that I do my best to support and promote each of them in their professional development and attainment of their personal goals. As colleagues, we may not agree on all matters, but we do agree that providing the best care to our patients is our collective priority and the sole and guiding focus of our mission.”
The affidavits filed by the four employees describe Day’s behavior more harshly.
Eileen Hardy, a nurse who worked in Day’s office for 2 1/2 years, said that many times Day referred to nurses, nursing secretaries, and Tuli as girls. She said Day, in addition to the phallic sculpture, kept a small box containing bikini underwear on his desk. Hardy said Day thought the sculpture was funny; she thought it was silly.
Robin Beal, a medical secretary, said that when Day allegedly made the remark to her about not paying him money, she thought it was “very inappropriate” but was not intimidated.
Dana Thomas, a surgical technologist, said he once heard Day tell Tuli during a complex spinal operation, “You’re just a girl; you shouldn’t be playing with this equipment.”
Kari E. Peterson, a neurosurgery department administrator who recounted Day’s remark to the pregnant employee, said that after hearing about other, similar comments, she confronted Day a few months after he arrived at the hospital.
“I actually told Dr. Day that given his Southern accent, when he made those comments, he ‘sounded like a redneck,’ ” Peterson stated. “I was not trying to insult him by using that word, but I wanted him to understand the effect of his behavior on his reputation as a well-regarded, intelligent, sophisticated surgeon. . . . I told him I wanted to be sure he understood the extent to which the Boston medical community may differ from where he had been.”
BetsyRoss
7 months ago
2 comments
I worked at B & W as a nursing student many moons ago. When I was there, it was common knowledge in the area I worked, under the command of Dr. Sugarbaker, that there was a zero tolerance to any form of disrespect amongst staff. I believed the expectation was that we were to work together for the good of all and for continuity of care for our patients. The last thing anyone needs to see when they are at their physical worst, in most cases, is staff bickering or belittling. I think it's somewhat naive of anyone to think of this as "leaving themselves exposed" -- never mind the double entendre!! Good-ole boys like this can be so corrupted by their status and inherent power, they feel as though they are untouchable, and therefore have the right to say whatever pops into their heads. The redneck term might have been somewhat inappropriate but no more so than the attitude he was projecting all over the place. Imagine! a penis sculpture on his desk?! A urologist maybe... but a neurosurgeon? Who does this guy think he is?!?
sfoster
7 months ago
2 comments
Actually, the remark by Ms. Peterson, the neurosurgery department administrator was just as inappropriate (calling him a southern redneck). That was as unprofessional as the physician was conducting himself. She should have cited the hospital's policy against sexual harrassment and that the institution has a zero tolerance policy against his alleged behavior.
DDETROLA
7 months ago
30 comments
I think that we should have respect rather if it is a doctor or a nurse practioner or a nurse supervisor or anurse down a cnt or a speech thearpist.or what keep your comments to your self
and everything be allright no one is better than the next person still equal. amen
denvernurse
7 months ago
4 comments
I didn't see Lindal Cahoon's comments until now. Do you suggest that women are the only ones entitled to "whining"? I'm offended on behalf of male nurses. As much as it is historically a female career you're going to see the role change as more men come into the field (I think maybe wages have benefited to). My husband is an RN. He says, "Caring isn't the sole domain of women" to comments about being in "women's work" although he says that sometimes these comments can be emasculating following a stressful day. I suppose he should just buck up, tough it out, and "be a man". He says that he does have to be careful. What can be seen as part of nursing care to one may be seen as inappropriate from a patient or family.
denvernurse
7 months ago
4 comments
I'm uneasy about articles concerning statements, accusations, and lawsuits r/t sexual inappropriateness. I wonder where the truth is? Was this man this explicit or is there a group of people that are going to an extreme to harm his license( "that'll show him") in an effort to feel less inferiority to an arrogant personality. I wonder how his state board is dealing with this. Regardless the outcome of the board ruling it will have a negative impact on his license and his ability to practice because of the seriousness of the complaint and public presentation. I realize this is not sympathetic to the women that have these complaints, but remember to that these comments are probably presented by lawyers and out of context to the spirit in which they were said (Was he joking and did these women set an atmosphere that they weren't uncomfortable with them? Then one day he crossed a line with a PDA message and all these other comments came forward as being offensive to them for sake of a lawsuit.) Beware the media you might be subject of their misrepresentation one day. It may all be true the this individual is not only guilty, but stupid as well. To think that a person in his position could get away with this when the country consumes scandals q1h ac and hs is crazy. I'm sorry, I'm just reluctant to believe that a surgeon would leave himself so exposed.
charlita
7 months ago
2992 comments
I agree with mramsey40- this doctor made some crude and off-colored remarks. He was totally out of line. But some of his remarks seemed to be done in a joking manner but were perceived in a different tone. Sometimes when people work closely together in a workplace they become too familiar with each other. I think a professional attitude should be observed by all nurses and doctors. I work with a doctor who calls all female patients "sweetie" no matter their age and black male patients "brother ( the doctor is white). I don't like it but he is just bonding with them. Alot of things are said one way and taken in a different manner. There are some things that are totally inappropriate like the phallic statue on his desk and bikini panties in a box on his desk. The doctor seems to think he can get away with anything because he is a Doctor. I wouldn't want to work with someone like that. But you always have the option of finding another job.
SaschaP
7 months ago
2 comments
We don't really know what happened. Why are you all pretending that you do? Grow up and wait to make a judgement until all of the facts come forward.
EmilyB
7 months ago
8 comments
Good lord what a phallic! I have met other Doctors like this!!! One had the nerve to tell my nurse friend that she looked old and stunck, because she smoked..What nerve!!
al_chamizo
7 months ago
236 comments
It's a crying shame that we still have to deal with this kind of immaturity.
mramsey40
7 months ago
136 comments
This is a very sad case of a well known respected doctor overstepping his boundaries because of being chief. Regardless of where he comes from, a doctor, nurse, etc. should carry themselves in a professional manner when working. I have known doctors that I worked with that were totally professional on the job, but when they were done for the day, they were a totally different person. Wrong is wrong and this doctor was wrong to be stating a girl should not be playing with these instruments.
oncall
7 months ago
6 comments
I'm sure appropiate documentation was done by the female employees. They also reported the incidents to their supervisors. Who, I assume, reported it further up. Correct? Most healthcare facilities have some type of policy in place for behavior in the workplace. Our hospital had a commitee that included MDs, Nurses, And members of other dept's to keep inappropiate behavior in check. The last thing a hospital wants is a big fat lawsuit. The hospital should protect it's staff from abusive behavior, and provide a safe enviroment for all of it's staff, patients and visitors. Just because the name badge end with the letters MD doesn't give them the right to degrade the nurses. regardless of the outcome, he knows that someday he will become a patient. It will be interesting to see how he treats those envolved in his care. We as nurses must always be professional. We must stop being MD doormats. For crying out loud this is 2008!
nursingaround
7 months ago
22 comments
As mentioned by several people, why not go through admin first,, get them to say something. Think about problems you've had in the ward, do you go straight to your lawyer? No... well at least not where I've worked. If you can't confront someone directly, which I understand is hard and not suitable for all situations, then you use the aministator.
To think that some people here think he should be dismissed is just wrong. This guy has spent his life helping people, his life studying, to be a neurosurgeon his work is his life, and no one wants to give him a chance, no one wants to use the normal process to vent problems/displeasure, or is this what the normal process is???
PeacefulnightOwl
7 months ago
58 comments
wow. Lots of comments and very interesting reactions here. Everything from yes they should sue to no they should toughen up. No where in here, I believe , does it say that Dr Day TOUCHED anyone of the staff.... which I would DEFINATELY sue and blow the whistle on. Sounds like He made some comments that He should have thought a bit more carefully of. I do object to being called a "girl".... especially in the work setting. The comment referring to the counting of money was a bit lewd. Its a real double edged sword type of situation.
I do agree with some.... thin skin is not good in a high stress job. But, one shouldn't have to be subjected to "suggestive" comments and off color jokes.
Ms. Peterson could be sued for the redneck comment ...if Dr Day wanted to.
dmazment
7 months ago
896 comments
nursingaround, you've made some assumptions about this situation, perhaps you "read" into the article. To often, it takes months and sometimes years before administration listens to the nurses about sexual harassment,regardless of documentation or witnesses. I'm also very sure, there is far more he has done than has been disclosed in the article.
theala
7 months ago
322 comments
The real issue is that all persons, male or female, are accountable for their behavior. Sexual harassment is NEVER appropriate, no matter who it comes from. I am embarrassed as a human being when men have to endure reverse discrimination--which does happen. Harassed individuals have every right to complain, and all too often supervisors "pooh pooh" the allegations and allow the discrimination to continue unabated. That's why people file these suits. They are less interested in abusing the court system, and more interested in vindication and restitution for the real suffering they endure.
If these allegations against Dr. Day are true, then I hope he gets what's coming to him. If they are false, then I hope that comes to light. And if a male nurse were to complain of dicrimination from a femal colleague, then she should get HER comeuppance.