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Did Medical Bills Lead to Peoria Nurse's Firing?

Still, the circumstances of her firing raise suspicions. According to the unanimous appellate court decision, her boss seemed “very interested” in limiting Tony Dewitt’s medical claims, and the timing of her termination “suggests that the financial albatross of Anthony’s continued cancer treatment was an important factor in Proctor’s decision.”

Dewitt said that the first time she realized the hospital might be concerned about Tony’s bills was in September 2004, when her supervisor inquired about his health and mentioned the high cost of treatments. “Have you thought about hospice?” the supervisor asked, according to Dewitt’s account.

“I said we’ve talked about that with the doctor and he doesn’t think Tony’s ready,” Dewitt said in an interview. The supervisor—who’d given Dewitt a perfect score on her annual evaluation two months before—again referred to hospice and the high cost of Tony’s care in February 2005, according to Dewitt.

When terminally ill patients enter hospice care, they stop aggressive treatments. As long as Dewitt’s husband was pursuing therapy, the hospital was footing the high costs.

At the time, Proctor paid claims up to $250,000 a year for each employee under a “self-funded” medical plan; insurance covered charges above that amount. Managers were notified each quarter of all employee medical claims of $25,000 or more.

Tony Dewitt, who was diagnosed with cancer in 1995, had outlived doctor’s projections but was getting worse. In 2003, his medical bills were $71,684; in 2004, they jumped to $177,826.

The supervisor, Mary Jane Davis, acknowledged in a deposition that she had discussed hospice care with Dewitt “two or three times.” Davis wanted to find out if Dewitt was “getting enough support,” she explained.

In the deposition, Davis insists she was not recommending that Dewitt choose hospice care for her husband.

Dewitt says she was taken aback by Davis’ queries.

“I was puzzled; I couldn’t figure out if there was a message I was supposed to be getting,” Dewitt said, adding that she didn’t want to believe her supervisor was suggesting Tony give up trying to live longer.

Things came to a head in early August 2005 while Dewitt was on a hospital-approved vacation with her family and her husband’s sister on Lake Shelbyville, more than 21/2 hours away. When Davis called and asked Dewitt to come in for a meeting on one of her vacation days, the nurse refused.

Davis alleges that during the phone call Dewitt threatened to resign and was loud and critical. Dewitt says she had to raise her voice to be heard over the sound of the boat’s motor and several noisy children. She insists she never suggested giving up her job—the source of her family’s health insurance—or lashed out at Davis.

The next day, Davis called to tell Dewitt she was fired. The hospital did not impose other disciplinary measures before terminating employment, a procedure followed with other employees.

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