Doctor's lawsuit accuses Freeman Health of age, sex discrimination, HIPAA violations

A lawsuit filed today in Jasper County Circuit Court by a fired otolaryngologist and plastic surgeon claims he was dismissed so another otolaryngologist, who also happened to be the chief medical officer's wife could add to her patient list.

In other claims in the petition, Dr. Nathan S. Box, who was with Freeman for 18 years, claims he was fired one day after reporting faulty procedures in scheduling elective surgeries and says that hospital employees violated his HIPAA rights.

Box's claims are detailed in the petition:

On July 1, 2005, Dr. Box began working at Freeman Health System (“Freeman”). In July 2020, Dr. Hallie Baker joined the medical practice at Freeman Ear Nose and Throat Center. Dr. Hallie Baker is married to Dr. David Baker, Chief Medical Officer of Freeman. Dr. Box is significantly older than Dr. Hallie Baker. Dr. Box is in a protected age category while Dr. Hallie Baker is not. Dr. Hallie Baker is a Woman; Dr. Box is a Man. 

 In December 2021, Freeman disciplined Dr. Box for using profanity behind closed doors during a private conversation overheard by a coworker who was standing at the door. In Dr. Box’s 18-year tenure with Freeman, he had never been formally disciplined, yet on this occasion Freeman forwent any Level 1 or 2 warnings and issued a Level 3 corrective action. 

Freeman placed Dr. Box on an 18-month probationary period. Despite this disciplinary action, in January 2022, Freeman expanded Dr. Box’s practice and gave him his own otolaryngic allergy clinic.

 On August 1, 2022, Dr. Box fractured his penis during sex with his girlfriend. In excruciating pain, Dr. Box went to Freeman’s ER, where he was required emergency surgery by a urologist directly after arrival to the emergency room. 

Within hours, the Freeman employee rumor mill churned with the news of Dr. Box's injury. 15. The news of Dr. Box’s fractured penis became so far traveled that he received a letter from Freeman acknowledging its failure to comply with HIPAA. Multiple coworkers informed Dr. Box they had heard about Dr. Box’s “dick breaking.” They should never have known about Dr. Box’s injury and treatment. 

\On December 11, 2022, Dr. Darwin Jeyaraj, an interventional cardiologist, performed elective surgery on a patient. Because of mistakes made by Dr. Jeyaraj and his surgical team, complications arose from the surgery causing the patient to cough up blood. 

Dr. Jeyaraj called Dr. Box to assist with the botched surgery because Dr. Box was the ENT/Facial Trauma surgeon on call for the weekend. Prior to arriving at the hospital, Dr. Box ordered a CT scan on the patient and identified the cause of the problem. 

Dr. Box didn’t hesitate to perform an emergency tracheotomy in the operating room when anesthesiology could not intubate the patient. This intervention ultimately saved the patient’s life. 

At the time, Dr. Box expressed serious concerns about why two elective cardiovascular surgeries had been scheduled on the same weekend day when there was only a skeleton crew to assist in the event of major complications that could cause death. 

Dr. Box told Freeman officials these elective surgeries should have been scheduled on a weekday, instead of on a weekend when Freeman had failed to provide adequate staffing for the surgeries. 

The next month, in January 2023, Dr. Box met with Freeman Chief Executive Officer Paula Baker and Dr. David Baker, Chief Medical Officer. Dr. David Baker falsely stated Dr. Box had more patient complaints in a 6-month period than any other doctor at Freeman. Paula Baker corrected Dr. David Baker about Dr. Box’s patient complaints. 

After the meeting ended, Dr. Box then proactively offered and scheduled to meet with Paula Baker to address any ongoing concerns regarding his practice. Dr. Box stated to Paula Baker that Dr. David Baker’s efforts to oust Dr. Box from Dr. Box’s position was a violation of Freeman’s own policy. Dr. Box told Paula Baker that Dr. David Baker’s efforts were a conflict of interests because Dr. David Baker’s wife– Dr. Hallie Baker– would assume many of Dr. Box’s patients if Dr. Box were terminated. 

At that time, Paula Baker agreed with Dr. Box about Dr. David Baker’s conflict of interest. On February 24, 2023, Dr. Box completed a report requested of him by a surgery peer review committee– a committee established under RSMo 537.035– that scrutinized the December 11, 2022 botched cardiovascular surgery. 

Dr. Box reiterated his concerns regarding the decision to schedule elective surgeries on the weekends because other staff and doctors are less readily available to assist in emergent circumstances. Dr. Box again reported that elective cardiovascular procedures should not be scheduled on weekends because patient care is compromised. 

Dr. Box reported that December 11, 2022 botched cardiovascular surgery was compounded because the only available cardiovascular surgeon on duty was also performing another elective cardiovascular surgery. 

Dr. Box recommended further discussions be held with other Freeman departments, including anesthesia which was understaffed because of the scheduled elective procedures, to avoid multidisciplinary system failures for which lack of coverage could have been very costly to quality care. 

One business day later, on February 27, 2023, Dr. Box met with Dr. David Baker and Mary Freher, Freeman’s Director of Human Resources. Upon entering the meeting and sitting down, Ms. Freher told Dr. Box “Freeman Health Systems is terminating you without cause.” 

Dr. Box kept asking what he did to deserve termination and neither Ms. Freher nor Dr. David Baker offered an explanation. Security escorted Dr. Box out of the building. 

After Dr. Box’s termination, Dr. Hallie Baker, spouse of Dr. David Baker, assumed about one-third of Dr. Box’s patients, which has been a boon to her practice. Dr. Box filed a charge of discrimination (Charge) with the Missouri Commission on Human Rights. Missouri Commission on Human Rights issued a right-to-sue letter; Dr. Box has exhausted his administrative remedies.

The petition also notes that Freeman has its employees sign non-compete clauses that do not allow him to practice within a 50-mile radius of Freeman, something which offers no competition in this area since Freeman is the only hospital offering an otolaryngologist.

The lawsuit notes that Box is seeking work that is likely to bring about legal action by Freeman.

Box also alleges Freeman violated his rights as a whistleblower.

Dr. Box engaged in protected activity—he reported serious misconduct to Freeman CEO Paula Baker about facility mismanagement and submitted a report on Freeman’s systemic provider failures to a peer review committee. 

Dr. Box is an employee of Freeman who reported to a proper authority unlawful acts of Freeman; and/or is an employee of Freeman who reported Freeman’s serious misconduct in violation of a clear mandate of public policy as articulated in a constitutional provision, statute, or regulation promulgated under statute; and/or refused to carry out directives issued by Freeman that if completed would be a violation of law. 

Freeman terminated Dr. Box one-business day after reporting and speaking up against their illegal activity. 

Freeman terminated Dr. Box for blowing the whistle on their illegal and unethical behavior.

The 10-count lawsuit also includes a defamation claim.

Freeman published one or more false and defamatory statements about Dr. Box: 

a. Freeman provided Dr. Box a service letter detailing false justifications for Dr. Box’s termination; 

b. Freeman employees and agents stated days after Dr. Box was fired that Dr. Box was terminated in relation to an ongoing “Medicare and Medicaid fraud investigation” that Freeman was subject to; 

c. In March 2023, a long-time patient of Dr. Box called to schedule an appointment with him at the Freeman Ear Nose and Throat Center at the phone number 417-347-6767. Upon answering the call, a Freeman female employee who schedules appointments informed the patient that Dr. Box “was no longer practicing,” causing the patient to believe Dr. Box had retired and stopped practicing medicine entirely. The patient was scheduled, instead, with Dr. Hallie Baker. 

As a direct result, Dr. Box has sustained emotional distress and pecuniary damages to his career, losing his job, potential patients, and damaged Dr. Box’s reputational standing among the Joplin and medical communities. 

Freeman acted intentionally.

Box is asking for a jury trial, damages, punitive damages and attorney fees. He is represented by Aaron Hadlow of Keenan and Bhatia, a Kansas City law firm, and Keegan Tinney of the Joplin law firm of Dreyer & Tinney.

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