A doctor at St. Agnes Medical Center in Fresno, Calif. filed a lawsuit against the hospital and its staff last week for alleged racial discrimination.
Dr. Gail Mallard-Warren is a black physician specializing in obstetrics, gynecology and infertility at St. Agnes, where she has worked since 1983. She claims in the lawsuit that there is a corporate culture of racism, sexism and ageism against both staff and patients at the hospital.
“Over the years, Dr. Mallard-Warren has constantly suffered disparate treatment, harassment, and a hostile work environment. She has withstood overtly sexist and racist comments (as well as unwanted advances by male physicians), along with ageist and racist treatment from the nurses, doctors, and hospital administration. Conversations about her – even in her presence – have been riddled with microaggressions and stereotypes,” the lawsuit states.
At the heart of the case is disciplinary action taken against the plaintiff for a decision she made not to perform a cesarean section on a patient who was giving birth prematurely at 22-23 weeks pregnant. The American College of Obstetrics and Gynecology advises not to perform C-sections at this early gestational stage because it reproductively maims the mother and does not significantly affect infant mortality or morbidity, the complaint said. In line with this recommendation, Dr. Mallard-Warren ordered a vaginal delivery for the patient in question. However, the CEO disagreed with Dr. Mallard-Warren’s decision and launched a disciplinary investigation against her, leading to the suspension of her hospital privileges. Dr. Mallard-Warren requested a hearing before a panel of peers to clear her name of charges five years ago, but the hearing has yet to occur because of dilatory tactics by the defendants, court documents claim.
“With each passing day Dr. Mallard-Warren is increasingly becoming the victim of an intentional stratagem to deprive her of the professional reputation and stature that she has earned in over forty (40) years of dedicated service to her community,” the lawsuit states. “She is being subjected to sham peer review, enduring an ongoing denial of her civil, statutory, and administrative rights, and facing constant retaliation for asserting those rights.”
Dr. Mallard-Warren is seeking injunctive relief and damages for herself and on behalf of all black patients at St. Agnes, claiming they are denied equal services by the hospital. If this case doesn’t settle, she intends to file another lawsuit on behalf of her black patients under California Civil Code Section 51.
The plaintiff is represented by the Law Office of Daniel Horowitz and Physicians’ Advocates.
