Surgeon Wins $2.85M Whistleblower Verdict Against Florida Hospital

The transplant surgeon had raised patient safety complaints about the institute’s director, but the hospital argued the plaintiff simply saw himself as ‘more effective and intelligent.’

A surgeon fired four years ago from Florida Hospital’s Heart and Lung Transplant Institute has won $2.85 million in damages following a two-week jury trial stemming from a whistleblower complaint.

Ahmed Chaudhry, MD, accused the institute of putting its business considerations ahead of patient safety. Chaudhry said he repeatedly raised concerns with hospital administrators about allegedly unsafe practices by institute director Hartmuth Bittner, MD, but that his concerns went unaddressed.

In early 2014, Chaudhry threatened to report what he regarded as illegal conduct to the United Network for Organ Sharing ahead of a scheduled site survey, according to his attorneys. A few days later, his employment was terminated.

Under the Florida Whistleblower’s Act, Chaudhry sued in the Ninth Judicial Circuit Court in Orange County, alleging wrongful termination. The jury’s verdict awarded him $1.25 million in lost wages, $1.5 million in loss of future earnings potential, and $100,000 in other damages, according to his attorneys.

"This case lifts the curtain covering Florida Hospital's business practices," said Ratzan Law Group managing partner Stuart N. Ratzan, one of Chaudhry’s attorneys, in a statement.  "The simple truth is, hospitals must put patient safety before business revenue and site surveys." 

Related: Whistleblower Retaliation Suit Settled with Health Center's $125k Payout

Stuart J. Weissman, a Ratzan Law Group partner who also tried the case, said Chaudhry “stood up against the conspiracy of silence that pervades the medical community.” 

Less than two months after Chaudhry’s termination, the Orlando Sentinel reported in April 2014 that Florida Hospital would temporarily close its lung-transplant program due to the departure of a surgeon the hospital declined to name. The story noted that Bittner remained active in the program at that time.

In court documents filed prior to trial, the hospital argued Chaudhry had failed to provide evidence that he engaged in statutorily protected activities and that those activities were what prompted his termination February 4, 2014.

“Instead, the evidence shows that this case is about Dr. Chaudhry’s complaints that he was more effective and intelligent than Dr. Bittner,” the defendants wrote last week in a motion for directed verdict.

“Dr. Chaudhry created a personal battle of wills against personnel at Florida Hospital and asks the jury to declare him the victor,” the motion continued. “Dr. Chaudhry demonstrated that this case is about his opinion of best practices that a heart and lung transplant surgeon should follow, but has not identified a violation of law that occurred.”

An attorney on the defense team referred questions to Florida Hospital’s media relations office, which did not respond Wednesday to emails and a phone call from HealthLeaders Media seeking comment.