Canberra Health Services (CHS) has defended the culture at the Canberra Hospital after a senior doctor launched legal action over the alleged mishandling of safety issues within the Intensive Care Unit (ICU).
In a Statement of Claim lodged with the Federal Court, Bronwyn Avard, who has been employed at the hospital for 17 years and is currently the Clinical Director of the ICU, said she raised health and safety issues with hospital executives several times over many years, but CHS, which manages the hospital, refused to take her concerns seriously.
"I am shocked and dismayed that the hospital system is so resistant to suggestions as to how to improve its service," Dr Avard said in a statement to the ABC.
CHS is currently investigating Dr Avard for misconduct, including allegations of bullying and unreasonable behaviour towards colleagues and patients.
But Dr Avard claimed that action against her was commenced in retaliation to her making formal complaints about the workplace practices and health and safety issues.
Dr Avard categorically rejects that she was involved in any misconduct and is seeking an order that the Canberra Health Service be restrained from continuing the misconduct investigation and that it be restrained from relying on or making any misconduct findings.
The ABC understands one of the investigations into Dr Avard, for clinical misconduct, has since been dropped.
CHS chief executive Cathie O'Neill and executive director of Critical Care Lisa Gilmore have also been named in the Statement of Claim handed to the Federal Court.
The matters filed against Ms O'Neill and Ms Gilmore are about their roles as decision-makers in facilitating the alleged breaches of the Fair Work Act by CHS.
Doctor claims CHS is attempting to silence a whistleblower
Dr Avard alleges the actions against her breached the Fair Work Act and that CHS was trying to silence her as a whistleblower.
She said she was within her rights within the Work Health and Safety Act when she prepared four safety reports in November last year about practices that she claimed adversely affected the health and safety of patients and staff at the Canberra Hospital.
Dr Avard is seeking a declaration that CHS contravened the Fair Work Act, as well as damages for the "hurt, humiliation, anxiety and distress" she said the actions taken against her had caused.
Dr Avard is currently on long service leave, but the ABC understands she plans to return to her role at the Canberra Hospital.
Canberra Health Services responded to the court action, releasing a statement saying it would not be commenting on matters before the court or individual employees.
But CHS said Canberrans should be confident the Canberra Hospital's ICU would continue to deliver quality, safe healthcare.
"We can assure Canberrans and those in the surrounding region who rely on our critical care services that our intensive care unit is well staffed and delivers quality, safe healthcare," the statement said.
"This has been externally validated by the recent accreditation survey for Canberra Health Services, which found we met all National Safety and Quality Health Service (NSQHS) Standards.
"Additionally CHS has undergone a verification of Trauma Services, including our Intensive Care Unit, by the Royal Australasian College of Surgeons – Trauma Verification Team. The feedback from the team of external specialist doctors was very complimentary (we await the final report)."
But the statement also acknowledged a staff survey suggested the ICU had some cultural issues.
"In response to the survey findings for ICU, an external review into the culture of the unit was undertaken by former commissioner of the Fair Work Commission, Barbara Deegan.
"We have a leadership team in place who are working to implement strategies to improve culture within the unit."
There is currently no hearing date set for the matter in the Federal Court.
The ABC has contacted Ms O'Neill and Ms Gilmore for comment.
