16 Dec 2011

UK Daily Mail: MD gets $6-million award for hospital bullying when pregnant

Huge payout: Dr Eva Michalak, 53, was awarded a whopping £4.5million after being forced out of her £90,000-per-year job
Huge payout: Dr Eva Michalak, 53, was awarded a whopping £4.5million after being forced out of her £90,000-per-year job
A top woman doctor has been awarded a staggering £4.5million compensation after being hounded out of her job when she had a baby.
The whopping payout is enough to pay the salaries of 210 nurses earning an entry-level salary of £21,176.
Dr Eva Michalak, 53, was the first consultant physician at Pontefract General Infirmary to take maternity leave.
But senior doctors turned on her because of the pregnancy and invented spurious allegations to force her out.
The £90,000-per-year consultant was sacked after enduring a five-year campaign of harassment.
The doctor's husband Dr Julian DeHavilland, 44, had told the hearing his wife was unable to carry out everyday tasks and was reluctant to leave the house.
Experts said it was unlikely she would completely recover.
A tribunal ruled yesterday that Mid Yorkshire Hospitals NHS Trust - who are having to make £31million in efficiency savings - must payout a whopping £4,452,206.60 in compensation.

In a damning judgement, the tribunal in Leeds, West Yorkshire, said it had been 'outraged' at the way senior staff had behaved towards Polish born Dr Michalak.
While she was away she was subjected to a horrendous campaign of harassment and colleagues falsely claimed she had bullied junior doctors.
They appointed a locum to cover a workload and nine staff were awarded a pay rise to cover her extra responsibilities while she was away.
After returning to work Dr Michalak was repeatedly suspended before being dismissed in July 2008 for no reason.
A tribunal last year found she had faced unlawful sex and race discrimination.
Yesterday she was awarded £1.1million for loss of past and future earnings plus £660,000 for loss of pension.
She was also awarded a cash payout for injury to her feelings and psychiatric injuries. Exemplary damages were also awarded against the Trust.
Dr Michalak had claimed damages of more than £9m.
 

She was appointed in 2002 to do rounds on the Medical Admissions Ward.
After she fell pregnant, secret meetings were held between senior doctors where it was agreed by Eva's head of department Dr Colin White and another senior worker that they would be seen to support her while actually trying to end her employment.
Shortly after being appointed medical director of the trust, Dr David Dawson then launched an investigation and, on the advice of another doctor suspended her in January 2006.
Forced out: Dr Eva Michalak, 53, was the first consultant physician at Pontefract General Infirmary to take maternity leave
Forced out: Dr Eva Michalak, 53, was the first consultant physician at Pontefract General Infirmary to take maternity leave
A doctor appointed to independently investigate the complaints realised the fictional claims would be hard to prove after interviewing several junior doctors.
Just one claim of bullying had been made - and that was later revoked.
But the suspension dragged on for two-and-a-half years while further 'evidence' was gathered against her before her dismissal.
The tribunal panel ruled that the medical director engineered the departure.
As they awarded damages yesterday the panel said in a damning statement: 'We are positively outraged at the way this employer has behaved.
'The claimant has lost her role and status. She is never going to return to work as a doctor, a profession which she cherished together with all the status that brings with it.
'In our view, simply undergoing those experiences with all the unpleasantness, anxiety, worry and fear that it caused the claimant amply justify an award for injury to feelings.'
Dr Michalak's husband quit his role as a scientific researcher to look after his wife and represented her at the tribunal.
Dr Michalak, who lives with her husband and eight-year-old son in Leeds, said after the previous hearing: 'I suffered years of psychological abuse. They basically hounded me because I had a baby. They destroyed my life, my health and my career.
'The last seven years have been a living hell. Their dishonesty was staggering. It was frightening and sinister how these people could abuse their positions and harass and bully me.
'I was so stressed I was crying on my way to work. I have been profoundly traumatised by the conduct of fellow doctors.'
Julia Squire, chief executive at the Trust, said: 'We have only just received the judge's decision on the compensation and this is based on very complex and lengthy calculations. We will need time to carefully consider these.'


Read more: http://www.dailymail.co.uk/news/article-2074963/Top-woman-doctor-awarded-staggering-4-5-MILLION-hounded-job-baby.html#ixzz1ght0GNpl

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