SEATTLE (CN) – A doctor known for temper tantrums stabbed a nurse “with deliberate intention” with a needle he had just “used in the scrotum of (an) unfortunate patient,” and the nurse got an “acute infection” from the wound, she claims in King County Court.
Janet McAuslan sued Dr. Robert Weissman and Bellevue Urology Associates on a raft of charges, including assault, wrongful firing, outrage, discrimination and hostile work environment.
Weissman “is known by his colleagues and business partners to erupt in temper tantrums in the office, including in the surgery room,” McAuslan says in her complaint. She claims complaints about Weissman were made to the head of Bellevue Urology Associates’ human resources department, who “covered up Dr. Weissman’s bad behavior, including lying under oath to the State of Washington Employment Security Department.”
McAuslan was working as a scrub nurse during the alleged stabbing.
The complaint states: “On or about December 17, 2010, Dr. Weissman engaged in an inappropriate temper tantrum during a surgical procedure. He used obscenities and threw instruments, stabbing plaintiff in the finger with deliberate intention with a Bovie-tipped needle which had just been used in the scrotum of the unfortunate patient. Due to Dr. Weissman’s wrongful conduct, plaintiff Janet McAuslan needed to go to the emergency room at Overlake Hospital for HIV and hepatitis testing.”
McAuslan claims she was told that the results of the testing would be sent to her employer, Bellevue Urology Associates, within 48 hours, but she was not informed she had an “acute infection” until five days later.
“Even though Dr. Weissman assured her that he would call an infectious disease physician, again defendants were negligent in failing to contact Ms. McAuslan until December 27, 2010,” according to the complaint.
McAuslan says she quit because she couldn’t continue working with Weissman and was not given other options.
“On December 20, 2010, Ms. McAuslan was informed by the administrator of Bellevue Urology Associates, Inc., that: 1) she could be assigned a position as a Medical Assistant but would still have to work indirectly with Dr. Weissman; or 2) she could quit her job at Bellevue Urology Associates; or 3) she could learn to ‘get over it.’ Although Bellevue Urology Associates, Inc., has a Kirkland surgical center (ASC), at the time of the incident there was no opening there,” the complaint states.
Also named as defendants are Bellevue Urology officers Elizabeth Miller, Martin Wall and Richard Pelman.
McAuslan seeks damages for assault, wrongful discharge, misconduct, breach of contract, employment discrimination, outrage, emotional distress, negligent retention and hostile work environment. Her husband seeks damages for loss of consortium.
McAuslan also seeks damages for loss of past and future wages, actual damages for costs of loss of job opportunities and finding new employment, general damages for future earning liabilities, and punitive damages.
She is represented by Jean Magladry, with MW Injury Resolutions, of Bellevue.