MuskogeePhoenix.com, Muskogee, OK

Local News

April 6, 2014

Former emergency room manager sued

Medical firms say doctor’s allegedly shoddy work cost them contract with EASTAR

Two Colorado companies are seeking lost compensation from a local physician who allegedly breached his employment contract by performing “incompetent and substandard” work.

A petition filed in Muskogee County District Court alleges that poor performance by Dr. Berry Winn resulted in a third-party management provider losing its contract with EASTAR Health System. The plaintiffs, Oklahoma EM-I Medical Services and EmCare Inc., claim damages worth hundreds of thousands of dollars.

Lawyers from a Tulsa firm allege Winn was hired May 1, 2012, by Oklahoma EM-I to serve as medical director of the emergency department at what was then Muskogee Regional Medical Center. Winn’s duties included the coordination of physicians’ schedules, recommendation of policies for hospital administration, addressing of patient complaints, and reviewing of the quality of services.

The duties outlined in Winn’s employment contract with Oklahoma EM-I were, according to the petition, required by EmCare’s agreement with the hospital. Pursuant to the contractual terms, Winn was to “devote his best efforts to carrying out the business of the employer.”

Winn was unavailable for comment. A spokeswoman at his office said Winn has yet to receive notice of the lawsuit and knows nothing about the allegations set out in the petition.  

The plaintiffs, who are seeking remedies for breach of contract and tortious interference with a contract, allege “Winn failed to oversee the operations in the emergency department” in accordance with the hospital agreement. Hospital administrators, the plaintiffs allege, requested Winn’s termination.

“Despite ... repeated attempts to improve and correct his performance, Dr. Winn continued his substandard and incompetent performance,” plaintiffs allege in the petition. “The substandard performance ... caused EmCare to breach its contract with (the) hospital (and) ruined business relationships between the plaintiffs and the hospital for any future dealings.”

Winn’s alleged conduct, which plaintiffs’ lawyers Colin H. Tucker and Kyle P. Rogers described as reckless and intentional, resulted in the loss of “hundreds of thousands of dollars per month.”

Michael Gilpin, EASTAR’s marketing director, said EmCare was managing the hospital’s emergency services division in 2008, when Capella Healthcare began leasing the city-owned facility. EASTAR’s contractual relationship with EmCare, Gilpin said, was terminated Oct. 31.

Founded in 1972, EmCare outsources services provided by more than 7,000 affiliated physicians and provides those services at more than 500 hospitals across the nation. Oklahoma EM-I is a physician group affiliated with EmCare.

Reach D.E. Smoot at (918) 684-2901 or dsmoot@muskogeephoenix.com.

1
Text Only
Local News
AP Video
Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow
Poll

Should a federal judge have the power to strike down Oklahoma's ban on gay marriage?

Yes
No
     View Results
Featured Ads
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Stocks