Hitesman v. Bridgeway Inc., A-0140-11T3; Appellate Division; opinion by Espinosa, J.A.D.; decided and approved for publication March 22, 2013. Before Judges Graves, Espinosa and Guadagno. On appeal from the Law Division, Somerset County, L-278-08. DDS No. 25-2-9356 [32 pp.]
A licensed or certified health-care professional may assert a claim against his or her employer pursuant to the Conscientious Employee Protection Act (CEPA) based on a reasonable belief that the employer’s conduct constitutes improper quality of patient care. The statutory definition of "improper quality of patient care" includes the violation of any professional code of ethics. In this appeal, the issue is whether plaintiff’s proof, and specifically his reliance on a professional code of ethics not applicable to his employer, was sufficient to support a liability verdict in his favor.
