A federal court has dismissed a complaint filed by an Ohio physician, who alleged that physician group Alliance Physicians failed to heed his warnings regarding patient safety concerns, resulting in intolerable working conditions that forced him to resign, according to documents filed Feb. 12 with the U.S. District Court for the Southern District of Ohio.
William Dailey, MD, was employed by Alliance Physicians from February 2019 until his resignation on July 21, 2021. He worked at the physician group as a hospitalist and nocturnist.
During his employment, Dr. Dailey allegedly expressed his concerns regarding patient safety multiple times. In addition to his complaints, which were expressed verbally and through email, he made multiple reports using the MIDAS reporting system during his employment with the intent that these reports be forwarded to a patient safety organization.
Dr. Dailey filed the operative complaint Nov. 7 in which he alleges a single claim relating to the violation of the Patient Safety and Quality Improvement Act. In December, Alliance Physicians filed a motion to dismiss the claim for three reasons. Firstly, the physician group "contends that constructive discharge is not an adverse employment action under the PSQIA as a matter of law." Secondly, Alliance Physicians "argues that Dr. Dailey has failed to plausibly plead that he was constructively discharged." Thirdly, Alliance Physicians "asserts that Dailey has failed to plead that he reported patient safety concerns with the intent of having those concerns reported to a PSO."
The court addressed Alliance Physicians' second argument.
The court granted Alliance Physicians' motion to dismiss Dr. Dailey's first amended complaint.