A erstwhile worker who sued a salient Des Moines integrative surgeon has dismissed her suit earlier trial, but an exigency bid from the Iowa Board of Medicine means much ineligible occupation for Dr. Ronald Bergman.
The dismissal by Peggy West came arsenic the authorities committee prepares to clasp a proceeding connected Bergman's fittingness to proceed practicing medicine. The board's interest arises from concerns that Bergman, who is 74, mightiness person a neurologic impairment making him unfit to signifier medicine. The committee suspended Bergman's aesculapian licence connected Dec. 16, and it remains suspended, according to online records.
West worked for 3 months successful 2019 for Dr. Ronald Bergman arsenic signifier head for Bergman Folkers Plastic Surgery, a signifier housed successful a landmark mansion connected Grand Avenue. She alleged that Bergman, present 74, created a workplace rife with intersexual harassment for her and different pistillate employees.
West besides objected to his billing practices, which she told him violated national law, and aboriginal won a important payout successful a colony Bergman paid aft she filed a suit claiming helium overbilled Medicare and Medicaid.
After she left, she alleged, helium filed mendacious constabulary reports accusing her of theft, resulting successful swiftly dismissed transgression charges against her.
West's intersexual harassment suit is 1 of astatine slightest 3 filed against him by erstwhile pistillate employees. It had been acceptable for proceedings successful aboriginal January, but was postponed precocious past year.
On Friday, West's lawyer filed to disregard the lawsuit with prejudice, meaning it cannot beryllium refiled. West had antecedently dismissed further claims against Polk County and Bergman's girlfriend, a Polk County sheriff's deputy.
Such dismissal filings by plaintiffs often travel out-of-court settlements, but West's attorneys declined to comment, and attorneys for Bergman did not respond to messages from the Des Moines Register. Bergman successful the past has denied each claims of misconduct.
State board: Bergman refused assessment
Bergman's communications person besides been chastised by the State Board, which fined Bergman $2,500 past twelvemonth for "inappropriate substance messages to an employee." But that citation was packaged with a colony addressing the board's uncovering that Bergman suffers from manus tremors that would interfere with his quality to safely behaviour surgery.
Under the deal, finalized successful June 2022, Bergman agreed to bounds his signifier to definite procedures, let a Board perceiver to show immoderate of his work, and acquisition a afloat neuropsychological evaluation.
That past proviso is what led to the December exigency order. According to the Board, Bergman communicated done his lawyer successful November that helium would not beryllium completing the required evaluation. The Board responded by suspending his license.
"It is not harmless for (Bergman) to proceed to signifier medicine until this substance is resolved," the bid states.
Lawsuit: A workplace rife with intersexual misconduct
West said successful her suit that during her employment, she heard Bergman regularly marque intersexual comments to and astir women successful the office, including her. She said helium showed her obscene photos of himself and his girlfriend. After a enactment for staff, she alleged, she heard him archer a young pistillate employee, “I similar your dress! I would similar to crook you implicit an exam table.”
The tipping constituent for Bergman was erstwhile the signifier received announcement of a intersexual harassment ailment from a erstwhile employee, starring to her resignation, according to the lawsuit.
After resignation, retaliation
Months aft she near the practice, West said successful her suit, she was contacted by the Iowa Board of Medicine and cooperated successful an probe past underway. After Bergman learned of it, she alleged, helium and his woman conspired to retaliate against her. Bergman filed constabulary reports successful January 2020 accusing her West of forgery and stealing much than $4,000 from the practice.
The Polk County Attorney's Office dropped the charges aboriginal that year, and a authoritative wrote successful tribunal filings that the bureau was looking into “allegations of retaliatory reporting for prosecution.”
From October:Iowa auditor campaigner Todd Halbur wins $1 cardinal successful whistleblower suit against state
Billing fraud claims outgo $800,000
During her little employment, West said successful the suit, she besides repeatedly confronted Bergman astir his billing practices, including submitting bills to Medicare and Medicaid that exaggerated the procedures performed oregon overbilled for services provided by trainee physicians oregon doc assistants alternatively of by Bergman himself.
Bergman threatened that his woman knew officials who could retaliate against her, and that helium knew radical successful the "Mexican mafia" who "could marque radical disappear," according to tribunal filings.
After resigning, West sued Bergman for billing fraud utilizing a national instrumentality allowing radical to bring suits connected behalf of the authorities and, if successful, person a chopped of immoderate consequent award. Bergman successful October 2022 paid $800,000 to settee the case, of which West received $200,000. Bergman, done his attorneys, denied immoderate misconduct.
For subscribers:Plastic surgeon sued for intersexual misconduct settles Medicare/Medicaid fraud claims for $800K
Other suits against Ronald Bergman
Still progressive against Berman is simply a suit filed by Rhonda Swanson, a erstwhile administrative assistant, which accuses him of harassment, unpaid wages and property and enactment discrimination.
Swanson's ailment echoes galore details of West's lawsuit, including Bergman's violative comments and sharing of inappropriate photos, arsenic good arsenic the ominous comments astir ties to the Mexican mafia. In summation Swanson, who is successful her 50s, claims Bergman refused to bid her for immoderate occupation duties due to the fact that of her age, saying helium wanted a “young caller look for his business.”
Her suit is scheduled to spell to proceedings successful May 2024..
The 3rd suit was by a doctor, Suzanne Kuhnen, who completed portion of her integrative country fellowship astatine Bergman's practice. She besides alleged Bergman made sexually inappropriate comments and said she and different doctors astatine the session for fellowships were alternately overworked oregon denied entree to patients, and besides were denied grooming and supervision Bergman was contractually obligated to provide.
After Bergman learned Kuhnen had complained to her fellowship supervisor astatine Mercy Hospital, helium tried to artifact her from graduating from the programme successful retaliation, and aboriginal publically disparaged and professionally undermined her contempt a non-disparagement statement betwixt them, according to her complaint.
That lawsuit, which named Mercy arsenic good arsenic Bergman and his spouse Dr. Bryan Folkers, was filed successful February 2020 and dismissed by Kuhnen successful May 2022.
William Morris covers courts for the Des Moines Register. He tin beryllium contacted at wrmorris2@registermedia.com, 715-573-8166 oregon connected Twitter at @DMRMorris.
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