Outpatient Surgery Magazine

Shopping for Surgery - June 2015 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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1 0 O U T P A T I E N T S U R G E R Y M A G A Z I N E O N L I N E | J U N E 2 0 1 5 Guilty ... Until the Charges Are Dropped How do you defend yourself against unfounded accusations? T he story ran in most every major newspaper in the country. It was a headline-writer's dream and a lawyer's delight: "Man Wakes Up From Colonoscopy Wearing Pink Panties." We, too, reported (osmag.net/Cs3WDb) on the allegations contained in the lawsuit filed by a 32-year-old employee of a surgery center who claims that he awoke from a 2012 colonoscopy to find himself wearing a pair of pink women's underwear. Andrew Walls, who was employed by the Delaware Surgery Center in Dover, Del., as an orderly at the time, said in his lawsuit that he suffered severe emotional stress and mental anguish as a result of the pink panty prank. "The defendants' extreme and out- rageous conduct went beyond all possible bounds of decency" and ultimately caused him to lose his job, reads the complaint. The intent, he says, was to "embarrass and/or harass [him] and to cause extreme and outrageous severe emotional distress and injury." Mr. Walls was seeking unspecified compensation for lost wages and loss of earning capacity as well as punitive damages. Last month, a few days after his story began to unravel during his dep- osition, Mr. Walls had the good sense to dismiss the trumped-up claims against the surgery center. When Dennis Ferri, the ASC's lawyer, calls the lawsuit "silly, baseless and frivolous," this is what he means. E D I T O R ' S P A G E Dan O'Connor

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