Court of Appeals Rules Brigham and Women, Former Physician Created "Hostile Environment"

Three appeals court judges agreed with a lower court's verdict that a female spine surgeon at Brigham and Women's Hospital was subject to a "hostile environment," according to a Boston Globe report.

According to a New America Media report, Sagun Tuli, MD, won a $1.6 million award in 2009 after a district court jury found Arthur Day, MD, the chair of Brigham and Women's neurosurgery department at the time, subjected Dr. Tuli to a hostile environment with "harassment, ridicule, intimidation and abusive conduct."

Dr. Tuli's complaint against Dr. Day included allegations of sexist comments. On one occasion, Dr. Day allegedly questioned her competency in performing spine surgery, calling Dr. Tuli "just a girl."  Dr. Day was also accused of calling Dr. Tuli his lover and asking her to show female residents "how to behave" by dancing on top of a table, according to the NAM report.

Dr. Tuli's complaint also included allegations of defamation, alleging Dr. Day suggested her credentials be renewed only on the condition she begin seeing a psychiatrist for her mental health. According to the Boston Globe report, Dr. Day also allegedly told the hospital credentialing committee that 20-30 nurses refused to work with Dr. Tuli. The jury also ruled Brigham and Women's retaliated against Dr. Tuli when she complained of Dr. Day's behavior. Details on that allegation were not included in either report.

Dr. Day appealed the jury's verdict, and the case went before a U.S. appeals court. A panel of three judges upheld the verdict and also agreed with the lower court's decision that the hospital did not subject Dr. Tuli to unequal pay. Dr. Day has since stepped down from Brigham and Women's and now serves at the University of Texas Health Science Center in Houston.

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