A former employee of the
Winchester Medical Center recently filed a lawsuit against Valley Health claiming that she was wrongfully terminated from her position at the medical facility and that at doctor at the facility committed
medical malpractice during a medical procedure that he performed on the employee.
The case was recently moved from a state trial court to a
Virginia Federal District Court since the former employee is also claiming that the medical facility violated the Family Medical Leave Act (FMLA), which is a federal law and therefore invokes federal jurisdiction over the case.
The case stems from an incident that occurred in 2009. The former employee alleged that she was fired from her job after she complained about a surgery that was performed on her by a doctor at the medical center that allegedly required her to have a subsequent surgery performed to repair a tear in her bladder. The plaintiff also alleged that the hospital did not allow her to take sick leave for a surgery in 2010. She believes that this action is a violation of the Family Medical Leave Act.
Attorneys for the medical center have denied all liability in this case. According to
news sources, hospital representatives have indicated that the hospital employees that treated the plaintiff did not act with gross negligence. The former employee is seeking a total of $550,000 in damages for her wrongful termination and medical malpractice claims against the medical center.
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