Should A CEO Doctor Play Jokes On Staff?
One of my clients asked this question in light of the protracted and costly case, Woo vs. Fireman's Fund. The case was recently decided. Dr. Woo, an oral surgeon, decided to temporarily place in an assistant of his, Tina Alberts, fake boar tusks and then photograph her while she was under anesthesia in his chair. She brought suit against Dr. Woo, based on malpractice and invasion of privacy. Dr. Woo wanted his malpractice carrier, Fireman's Fund, to defend. They declined indicating that they had no duty to do so, because the dentist's conduct was outside the normal scope of dental practice. A a state appellate court and four supreme court judges agreed. But, on July 27th a majority of the Supreme Court of Washington sitting En Banc decided in Dr. Woo's favor. The Court reasoned that because Dr. Woo's conduct was "conceivably" within the realm of dental care, the insurer had a duty and should have covered him under his professional liability policy. The Court reinstated a $750,000 jury award to Dr. Woo, which also included a $250,000 settlement he paid the assistant. My response to my client was that, "No CEO in a health care setting should play a practical joke on any person, patient or staff, when that person is under anesthesia." Further, in today's more circumspect practice environments with staff of different ethnic backgrounds, ages and perspectives on appropriate vs. inappropriate behavior, great care should be taken before any joke should be played on staff. See Robert C. Woo, DDS, and Anne M. Woo vs. Fireman's Fund Insurance, NO. 77684-9, July 26, 2007. Read also David Ammons, Associated Press story July 27, 2007, 10:39AM