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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Physician says hospital's inaction spurred resignation

Wrongful term 11

LOGAN — A physician is suing Logan General Hospital LLC d/b/a Logan Regional Medical Center, an employer, citing alleged wrongful or constructive discharge.

Juan Jose Egas Valencia, M.D., filed a complaint on June 17 in Logan Circuit Court against Logan General Hospital LLC d/b/a Logan Regional Medical Center, alleging that the employer violated the public policy of the State of West Virginia.

According to the complaint, the plaintiff alleges that he resigned from his postion on July 24, 2015, after the defendant failed to provide security personnel for his protection. His job as a pain management physician meant he frequently dealt with patients who were improperly seeking prescription medications, and upon being denied such medications, many would become verbally and physically violent, he claims. Because of fear for his safety and for the safety of of his staff and other patients, he repeatedly made request for security to be provided by the defendant, and submitted his resignation when he never received such protection, he says. As a result, he has suffered mental and emotional distress, humiliation, embarrassment and loss of income and benefits, he claims. The plaintiff holds Logan General Hospital LLC d/b/a Logan Regional Medical Center responsible because the defendant allegedly failed to provide a reasonably safe place to work.

The plaintiff requests a trial by jury and seeks judgment against the defendant for actual damages, punitive damages, emotional damages, attorney fees and costs, pre-judgment interest and such other relief as the court may find appropriate. He is represented by Richard W. Shaffer of Shaffer & Shaffer PLLC in Charleston.

Logan Circuit Court Case number 16-C-132

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