Psych Canned for Seeking Timely Mental Health Care, She Says
3-26-2015 23:24:00


LOS ANGELES (CN) - Kaiser made work unbearable for a psychiatrist who fought for timely care for seriously mentally ill patients, she claims in a Los Angeles court.

Valerie J. Tutson, M.D. sued Kaiser Foundation Health Plan Inc.; Kaiser Foundation Hospitals; Southern California Permanente Medical Group in Los Angeles Superior Court Central District, California.
Psychiatrist Tutson's main complaint is that patients with serious mental health issues were denied timely access to care by her secretary, Delia Holbrook.
In approximately 2010, Holbrook "began having a dangerous fixation with plaintiff, which plaintiff reasonably believed posed a risk to her safety and patient care at Kaiser," Tutson's lawsuit states. Holbrook "had mental issues" for which she was taking medication, the secretary previously had told Tutson, according to the complaint.
Around the same time, Tutson learned that Holbrook was not letting her know when her patients arrived, not giving patients paperwork from her, was not transferring calls to her and was interfering with her treatment of patients.
Tutson complained of Holbrook's harassment, and actions that risked patient safety, to the head of the department Jim Selfa, the assistant department administrator Susan Holder, and chief of psychiatry Dr. James "Randy" Parks, the lawsuit states.
In particular, Tutson complained that due to Holbrook's "odd fixation" with her, she would cancel patients' appointments, would lie to them by telling them that plaintiff had no availability to see them, and lie to Tutson by telling her that patients did not want to see her, according to the complaint. 
Six months later, Tutson learned "there was a partner meeting where it was decided that plaintiff would not make partner and should be terminated because of supposed missed calls from patients, complaints from patients regarding access to care, and other issues that, in reality were due to Delia Holbrook. To plaintiff's shock, Susan Holder (Assistant Department Administrator) was in this meeting but failed to ever raise the fact that plaintiff's perceived performance issues were actually attributable to Delia Holbrook, as verified by numerous patient complaints," the complaint states.
When it finally came to light that Holbrook was responsible, Parks got Tutson a new secretary.
At this point, Holbrook became "further enraged" and took various actions to ruin Tutson's career, and was also stalking and harassing her, according to the complaint.
"Still, despite having indisputable evidence, nothing was done," the complaint states.
Tutson next complained that the only reason she was being treated so poorly was because she was black, the complaint states. A majority of the patients Kaiser failed to protect were also black, her complaint continues.
While Tutson complained further, and took a few medical leaves from her job for stress and anxiety, Holbrook still was not removed from the picture, the psychiatrist says. Meanwhile Tutson's former secretary continued to interfere with her messages and appointments, and documents, and patient prescriptions and paperwork continued to go missing, the complaint states.
Then, after Kaiser changed its policy and bullied psychiatrists into allowing use of generic drugs, and then required psychiatrists to do new patient interviews in half an hour, but write down an hour, so it could improve statistics, Tutson resigned, according to the complaint. Both, she said, were below the standard of care.
The suit is for race discrimination; retaliation, harassment, hostile work environment, failure to prevent discrimination or harassment, wrongful constructive termination, negligent supervision or retention of employee, intentional infliction of emotional distress, and violation of the Health and Safety Code and the Business and Professions Code.
Tutson seeks damages, including punitive damages, prejudgment interest, attorney's fees and costs, and injunctive relief.
Tutson is represented by Charles Mathews of Arcadia.
BC573736