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Attorneys set the stage Tuesday for a multimillion-dollar civil lawsuit in Douglas County Circuit Court that pits a doctor against his former colleagues and the Roseburg Clinic P.C. in a battle over alleged character attacks, patient care issues and shareholder rights.
Dr. John Silver is suing the clinic that employed him from 2001 to 2003 because he believes he was wrongfully discharged and denied his rights to become an equal owner of the company. Silver claims he was discharged in retaliation for raising concerns about the abilities of a highly respected local doctor who had been diagnosed with terminal cancer.
“This case is about a good physician who tried to do what’s right for you and the people of Douglas County,” said Silver’s attorney, Steve Brischetto of Portland, in his opening statements in the trial that began last week with jury selection.
The attorney representing the Roseburg Clinic, Randy Turnbow of Eugene, painted a different picture.
Turnbow described Silver as an egotistical, argumentative doctor who believed everyone was conspiring against him.
“He did not play well with others,” Turnbow told the jurors.
In the lawsuit filed in 2004, Silver is seeking up to $3 million each for economic, non-economic and punitive damages, as well as special damages related to job search expenses, moving costs and other costs. Some of Silver’s claims against the clinic include wrongful discharge, breach of contract and defamation.
The jury must determine whether the claims are true and whether damages should be awarded at the end of the trial, which is being presided over by Judge George Ambrosini and is expected to last around three weeks.
The case hinges on the issues that arose between Silver and the clinic when Dr. Steven Kagele, a founding shareholder of the clinic and the area’s primary pulmonology and critical care specialist at the time, was diagnosed with cancer. Silver had been recruited to help take the patient load off Kagele before Kagele learned of the illness. Kagele died in September 2003.
Brischetto said Silver noticed patient care mistakes Kagele made while undergoing aggressive chemotherapy treatment and taking heavy pain medication. Silver raised concerns about Kagele’s abilities to officials at the Roseburg Clinic for months to no avail. Brischetto said the mistakes harmed patients.
Kagele did begin winding down his practice, and in 2003 was reported by the clinic’s chief executive and operating officer, Dell Gray, to the state Board of Medical Examiners. Kagele agreed to no longer treat patients directly.
As a result of his complaints, Silver claims Kagele and the shareholders lobbied against him during two votes to determine whether Silver should become an equal owner. He was voted down.
In the lawsuit, Silver also accuses Dr. Donald Stoddard, a former colleague who assisted him with critical care patients at Mercy Medical Center after Kagele left, of defamation and other claims.
The lawsuit alleges that Stoddard attempted to keep Silver from seeing patients, implying Silver was unfit. There is also an allegation that Stoddard made a racially charged threat to the lives of Silver’s wife, who is Asian, and their children as the tumult came to a boil in late 2003.
Stoddard filed his own defamation lawsuit against Silver that is being tried simultaneously. Stoddard denies ever making such a threat and is suing for damages related to the financial and emotional impact Silver’s unproved allegations caused.
While Brischetto described Silver as a man who dared to “break the code of silence” by reporting his concerns about Kagele, Roseburg Clinic attorney Turnbow disagreed.
He said Silver’s behavior involving Kagele, which many felt was insensitive and cruel, drew the ire of colleagues, including those who oversaw the process for inviting a probationary employee at the clinic to become a shareholder.
Turnbow said the clinic was legally bound to reasonably accommodate Kagele to ensure he could continue working in some capacity during his illness, and Kagele assured his colleagues he only worked when he felt well enough.
Silver, he said, did not provide clinic officials with specific patient concerns. Furthermore, the doctor was legally bound to report Kagele to the state, not the clinic, if he truly believed the man was impaired.
Turnbow said Silver, who now works in Salem, was not forced out, but rather could not accept that his actions left shareholders with no desire to make him a partner.
“He left on his own accord because he was angry,” Turnbow said.
The trial continues today.
• You can reach reporter Chelsea Duncan at 957-4246 or by e-mail at cduncan@nrtoday.com.
Dr. John Silver is suing the clinic that employed him from 2001 to 2003 because he believes he was wrongfully discharged and denied his rights to become an equal owner of the company. Silver claims he was discharged in retaliation for raising concerns about the abilities of a highly respected local doctor who had been diagnosed with terminal cancer.
“This case is about a good physician who tried to do what’s right for you and the people of Douglas County,” said Silver’s attorney, Steve Brischetto of Portland, in his opening statements in the trial that began last week with jury selection.
The attorney representing the Roseburg Clinic, Randy Turnbow of Eugene, painted a different picture.
Turnbow described Silver as an egotistical, argumentative doctor who believed everyone was conspiring against him.
“He did not play well with others,” Turnbow told the jurors.
In the lawsuit filed in 2004, Silver is seeking up to $3 million each for economic, non-economic and punitive damages, as well as special damages related to job search expenses, moving costs and other costs. Some of Silver’s claims against the clinic include wrongful discharge, breach of contract and defamation.
The jury must determine whether the claims are true and whether damages should be awarded at the end of the trial, which is being presided over by Judge George Ambrosini and is expected to last around three weeks.
The case hinges on the issues that arose between Silver and the clinic when Dr. Steven Kagele, a founding shareholder of the clinic and the area’s primary pulmonology and critical care specialist at the time, was diagnosed with cancer. Silver had been recruited to help take the patient load off Kagele before Kagele learned of the illness. Kagele died in September 2003.
Brischetto said Silver noticed patient care mistakes Kagele made while undergoing aggressive chemotherapy treatment and taking heavy pain medication. Silver raised concerns about Kagele’s abilities to officials at the Roseburg Clinic for months to no avail. Brischetto said the mistakes harmed patients.
Kagele did begin winding down his practice, and in 2003 was reported by the clinic’s chief executive and operating officer, Dell Gray, to the state Board of Medical Examiners. Kagele agreed to no longer treat patients directly.
As a result of his complaints, Silver claims Kagele and the shareholders lobbied against him during two votes to determine whether Silver should become an equal owner. He was voted down.
In the lawsuit, Silver also accuses Dr. Donald Stoddard, a former colleague who assisted him with critical care patients at Mercy Medical Center after Kagele left, of defamation and other claims.
The lawsuit alleges that Stoddard attempted to keep Silver from seeing patients, implying Silver was unfit. There is also an allegation that Stoddard made a racially charged threat to the lives of Silver’s wife, who is Asian, and their children as the tumult came to a boil in late 2003.
Stoddard filed his own defamation lawsuit against Silver that is being tried simultaneously. Stoddard denies ever making such a threat and is suing for damages related to the financial and emotional impact Silver’s unproved allegations caused.
While Brischetto described Silver as a man who dared to “break the code of silence” by reporting his concerns about Kagele, Roseburg Clinic attorney Turnbow disagreed.
He said Silver’s behavior involving Kagele, which many felt was insensitive and cruel, drew the ire of colleagues, including those who oversaw the process for inviting a probationary employee at the clinic to become a shareholder.
Turnbow said the clinic was legally bound to reasonably accommodate Kagele to ensure he could continue working in some capacity during his illness, and Kagele assured his colleagues he only worked when he felt well enough.
Silver, he said, did not provide clinic officials with specific patient concerns. Furthermore, the doctor was legally bound to report Kagele to the state, not the clinic, if he truly believed the man was impaired.
Turnbow said Silver, who now works in Salem, was not forced out, but rather could not accept that his actions left shareholders with no desire to make him a partner.
“He left on his own accord because he was angry,” Turnbow said.
The trial continues today.
• You can reach reporter Chelsea Duncan at 957-4246 or by e-mail at cduncan@nrtoday.com.
