Home > News  > April, 2012

GI Doc Claims Male Colleague Sexually Harassed Her

Court rules case against the hospital, her fellow physician and members of the facility's administrative team can proceed.

Published:April 11, 2012

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A female gastroenterologist alleges that her resistance to a male colleague's sexual advances started a pattern of discrimination and retaliation that continued throughout her 9-year tenure with a New York hospital. A state court recently ruled that she could proceed with a sexual harassment lawsuit that targets the hospital, her fellow physician and members of the facility's administrative team.

The allegations date back to September 1994, when Barbara E. Salamon, MD, gained staff privileges at Our Lady of Victory Hospital in Lackawanna, N.Y. Dr. Salamon claims that Michael Moore, MD, chief of the facility's gastroenterology division, soon began making "a number of inappropriate and unwelcome comments to her" that eventually escalated in frequency and became increasingly sexual, according to court records. Dr. Salamon also alleges that she was subject to a hostile work environment, due to Dr. Moore's ongoing sexual relationship with a female nurse in the hospital's GI division.

Dr. Salamon says that she repeatedly rejected Dr. Moore's advances. She eventually met with Albert Condino, then the hospital's CEO, and Franklin Zeplowitz, MD, chief of staff, to inform them of Dr. Moore's alleged harassment. Court records indicate that Dr. Salamon also advised them of "inappropriate and inadequate treatment" she suffered at the hands of male physicians - including Dr. Moore - in the GI division that had gone overlooked during quarterly meetings. Despite reportedly receiving assurances that her claims would be investigated, Dr. Salamon claims that no such inquiry was made. Dr. Moore denied the allegations of sexual harassment, and Mr. Condino and Dr. Zeplowitz concluded that the complaints were unfounded, according to court documents.

Dr. Salamon alleges that she was subject to discrimination and retaliation after bringing her complaints to the attention of Mr. Condino and Dr. Zeplowitz. At a later meeting, they reportedly advised her that the hospital's department of medicine would conduct a general review of procedures across the GI division. Instead, she claims, the men initiated a review of her patient procedures dating back 18 months, including cases that had already been peer-reviewed and not found to be problematic. Dr. Salamon claims the reviewing physicians provided "incorrect, misleading and/or false information in the internal reviews," and that no other hospital physicians had to undergo the same peer-review process.

Despite her objections, Dr. Salamon was subsequently selected for a "re-education" program, but "no physician mentor could be found to accept the responsibility to carry out the program," according to court documents. The reeducation requirement became irrelevant when the hospital merged with Mercy Hospital in 2003, which ended Dr. Salamon's medical staff privileges with Our Lady of Victory. In her lawsuit, she claims that her procedures and consultations at the hospital, as well as referrals from other physicians, diminished over time, and that a reputation for poor work quality "had spread throughout the area and caused severe injury to [Dr. Salamon's] practice."

Attempts to reach attorneys for both parties were unsuccessful.

Mark McGraw


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