TRIAL STARTS IN LAWSUIT BY DOCTOR YAMIN SHWE, WHO TREATS STROKE PATIENTS, ALLEGING RETALIATION AFTER SHE REFUSED TO ENGAGE IN THE UNLAWFUL ACTIVITY OF BEING CONCURRENTLY ON-CALL AT TWO HOSPITALS

02 Apr 2023
Patent Infringement
LOS ANGELES, April 2, 2023 /PRNewswire/ -- Opening statements and presentation of evidence are set for April 3, 2023 at 10:00 a.m. in Department 14 of the Los Angeles Superior Court in a case filed by Barta Law PC against a medical doctor and his corporation involving claims that they retaliated against a former employee, Dr. Yamin Shwe, after she refused to be concurrently on-call at a Comprehensive Stroke CenterStroke Center and another hospital, because it was against the law and jeopardized patients' lives.
In the lawsuit, Dr. Yamin Shwe, an Endovascular Neurointerventionalist, accuses Kok-Chye Tan, M.D. and KC Tan MD Medical Corp. of violating California's Whistleblower and Retaliation statutes (Labor Code section 1102.5 and Business & Professions Code section 2056) by retaliating against, filing a lawsuit, and terminating Dr. Shwe after she refused to participate in an activity that violates a local rule and regulation.
Los Angeles County Department of Health's EMS "Stroke Receiving Standard" (Ref. 322) requires all Comprehensive Stroke Centers (CSC) to "have a dedicated on-call endovascular neurointerventionalist [like Dr. Shwe], and neurologist, who cannot be concurrently on-call at any other hospital or specialty service."
The lawsuit explains that, because "Time is Brain", meaning stroke patients need emergent and timely treatment, Dr. Shwe refused when Tan was going to place her concurrently on-call without backup at Methodist Hospital of Southern California (now USC Arcadia Hospital) and Garfield Medical Center in Monterey Park, California.
Dr. Shwe completed two Fellowships, one in Vascular Neurology and a second at UCLA in Interventional Neuroradiology, in order to be able to provide life-saving treatments to stroke patients.
Jury selection was completed on March 30, 2023.
The lawsuit is pending in Los Angeles Superior Court, Stanley Mosk Courthouse, located at 111 N. Hill Street, Los Angeles, California. Dr. Shwe is represented by Barta Law PC, a Physician Advocacy firm located in Newport Beach, California.
Los Angeles Case No.  20STCV21289
SOURCE Barta Law PC
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