Anesthesiologists and medical students in California have filed a lawsuit against a California hospital that fired them over their use of a patient’s plasma for their tests.
The California Medical Board on Monday approved the settlement, which calls for the hospital to pay $2.3 million in damages and other costs, and to hire a new person who would oversee the procedures.
The plaintiffs are anesthesiologist Roberta Lutz, a clinical associate professor of anesthesia at the University of California, Los Angeles; and a nurse, Mary Lynn Kosser, who worked as an in-house physician for a different hospital in Orange County.
They said they were fired in 2015 after being accused of using the blood of another patient for their blood tests.
The lawsuit seeks class-action status.
The medical board said in a statement that it has found that the allegations are false, and that the hospital has since learned from the incident.
It also said it was conducting an investigation to determine whether the actions of the two employees were lawful.
The board’s chief administrative officer, David Lippert, declined to comment.
The hospital said it is committed to providing safe and effective care for all of our patients, and we are committed to making a comprehensive, unbiased, and fair review of all claims that have been brought.
Kosser said she believes the hospital should have followed procedures for the use of the patient’s patient blood.
“I feel that the patient was not given a fair opportunity to make an informed choice, which he made, and I think that they should have been given the opportunity to object,” she said.
Kasser said the lawsuit is about “how you handle things in the industry, how you handle the patients and their rights.”
The hospital has agreed to pay the plaintiffs’ attorneys $4.8 million, and is required to pay them a $2,000 fee, which will be used to fund a settlement with the other plaintiffs.
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