A dispute involving complaints about poor patient care and charges of political retaliation by Kaiser Permanente Medical Group led to an $11.4 million court judgment for a Southern California radiologist.
Dr. Michael Martinucci was hired in 2003 and assigned to develop clinical imaging protocols for the Kaiser Sunset facility. According to court records, Martinucci reprimanded radiologic technologists for insubordination and poor performance and criticized staffing, training, and supervision.
Martinucci was accused of racism and sexual harassment and was forced to resign without an internal investigation. He sued the HMO for retaliation and defamation. The case ended in December 2008 with a decision by a Los Angeles Superior Court jury awarding Martinucci $7.5 million in punitive damages and $3.9 million in compensatory damages. A recently enacted California law that expressly prohibits retaliation against a physician who advocates for medically appropriate healthcare for patients factored into the decision. Kaiser plans to appeal.
