Oral surgeon Mitchell Magid, DMD, claims he was fired from a North Dakota health system for questioning its safety practices. Fargo-based Sanford Health says Dr. Magid is a money-driven surgeon who's only interested in personal profit. A jury is set to settle the dispute.
In a whistleblower lawsuit, Dr. Magid accused Sanford Health (formally MeritCare) of failing to investigate concerns he raised about the performance of another oral surgeon who is still employed by the health system. He also voiced displeasure when his anesthesiologist wife learned the health system reused disposable anesthesia breathing circuits, which the lawsuit claims jeopardized patients' and staffs' well-being.
James Kaster, Dr. Magid's attorney, says Sanford Health viewed his client's numerous reports about patient safety issues as a "thorn in their side." Dr. Magid's performance review on the day he was fired listed "poor job fit" as the reason for termination, according to the lawsuit.
Sanford Health attorney Ron McLean counters that Dr. Magid's constant complaining about his colleague stemmed from having no interest in sharing the more than $700,000 he made annually from 2006 to 2009 as managing partner of the health system's oral and maxillofacial surgery department. He testified in court this week that Dr. Magid could be terminated with or without cause if given 90 days' notice.
Mr. Kaster, however, contends Sanford Health violated the North Dakota Whistleblower Act, which protects employees from being fired for reporting suspected violations of the law. Dr. Magid is seeking compensatory and punitive damages, including loss of salary.
A spokeswoman for Sanford Health and the attorneys for Dr. Magid and the health system did not respond to requests for comment.
Daniel Cook
