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Verdicts & Settlements: Intentional Torts

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Defamation of staff physician

April 10, 2020

Obstetrician-gynecologist Rebecca Denman, 61, entered into a physician employment agreement with St. Vincent Carmel Hospital, which later assigned its rights and obligations to St. Vincent Medical Group. While Denman was on call at the hospital one evening, a nurse reported that Denman had the smell of alcohol on her breath. Denman was not assessed immediately and did not undergo blood-alcohol testing that evening.

Two days later, the hospital informed Denman of the nurse’s allegation, which Denman denied. The hospital conducted a review through its peer review process and later required Denman to leave work until she underwent an evaluation for alcohol or substance abuse. Denman was kept out of work for three months. She now must adhere to St. Vincent Medical Group’s five-year long monitoring contract as a condition of employment. This necessitates multiple daily breathalyzers, random drug screenings, and multiple Alcoholics Anonymous meetings per month.

Denman sued the hospital and medical group, alleging defamation, tortious interference with an employment relationship, fraud, negligent misrepresentation, and constructive fraud.

The jury awarded $4.75 million.

Citation: Denman v. St. Vincent Med. Grp., Inc., No. 49D01-1807-PL-026160 (Ind. Super. Ct. Marion Cty. Jan. 16, 2020).

Plaintiff counsel: Kathleen DeLaney, Indianapolis.

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