Judge weighs dismissal of lawsuit brought by fired PeaceHealth ER doctor

BELLINGHAM – A Whatcom County Superior Court judge is weighing whether to dismiss a lawsuit filed by a Bellingham emergency department doctor against his former employers, PeaceHealth and Northwest Emergency Physicians, which is part of the national physician services firm TeamHealth that contracts with PeaceHealth’s emergency department.

The lawsuit was first filed by Dr. Ming Lin in May 2020 after he was “effectively terminated” from his job at St. Joseph Medical Center over Facebook posts criticizing the hospital’s response to the COVID-19 pandemic. Lin had worked in the emergency department for nearly 20 years, and said he was jointly employed by PeaceHealth and TeamHealth – a fact which TeamHealth disputes.

Lin later amended his complaint to include claims of racial discrimination and harassment that he alleged were not investigated or remedied by TeamHealth and its employees, including Facility Medical Director and Chair of the Emergency Department Dr. Worth Everett.

Lin and PeaceHealth reached a settlement in December, though the specifics of the agreement were sealed by the court. An attorney for TeamHealth said Monday that the settlement was “lucrative” for Lin, and wrote in a motion seeking the case’s dismissal that Lin and PeaceHealth agreed that their settlement was contingent on the court finding it to be reasonable, which it did.

PeaceHealth and Northwest Emergency Physicians were recently at the center of a trial over claims of medical negligence by an emergency room physician at St. Joseph. A jury ruled in favor of PeaceHealth and the physician, for whom Northwest Emergency Physicians was liable.

Lin filed an amended complaint following the settlement that removed all mentions of PeaceHealth and damages requested solely from them, according to court documents. TeamHealth’s attorneys, however, argued that Lin could not claim that the company was responsible individually for damages that previously were considered to be joint with PeaceHealth.

Lin has made six legal claims against TeamHealth. He alleged that TeamHealth discharged him “in violation of public policies against retaliation for voicing his concerns about health and safety,” causing emotional distress and loss of compensation. Lin also alleged that TeamHealth was aware of the “hostile work environment” that Lin experienced, but did not take any corrective action or steps to better train its employees.

He asked for damages for lost compensation, emotional distress, humiliation, attorneys’ fees and increased payment to offset any additional income taxes that would come with a judgment in his favor. He did not state any specific monetary amount.

Lin and his attorneys are continuing to ask for a jury trial, and raised complaints to Judge David Freeman over the amount of time that the case has gone on. Multiple previously scheduled trials for the case were continued or contested, and the defendants have filed multiple motions to have the case dismissed.

Andrew Browning, one of Lin’s attorneys, said Monday that a summary judgment would be a “drastic remedy,” adding that there was “no factual support” for the defendant’s claim that Lin’s settlement with PeaceHealth was lucrative.

“TeamHealth is a wrongdoer,” Browning said.

Freeman said he was “not comfortable” making a decision on whether to dismiss the case on Monday morning, and likely would not have a response for a few weeks. He said he has not seen a “clear basis” for dismissal, but does believe there have been some inconsistencies from the plaintiff.