Landmark Virginia Whistleblower Case: Jury Rules Against ER Doctor in Roanoke

At Frith & Ellerman Law Firm, we closely monitor significant whistleblower and employment law cases in Virginia, particularly those setting precedent under newly established statutes. A recent verdict in Roanoke County has important implications for healthcare whistleblowers throughout the Commonwealth.

First Trial Under Virginia’s New Whistleblower Law Ends With Defense Verdict

In what is believed to be the first case brought to trial under Virginia’s relatively new whistleblower protection law, a Roanoke County Circuit Court jury has ruled that an emergency room physician was not wrongfully terminated for raising patient safety concerns.[1] The verdict, delivered on April 11, 2025, provides valuable insights into how these cases may be evaluated by Virginia juries.

Dr. Thomas Bolton sought $20 million in his lawsuit against his former employer, Lake Spring Emergency Group, a Glen Allen staffing and management services company that provides physician staffing for HCA Healthcare’s LewisGale facilities in the Roanoke area.

Healthcare Whistleblower’s Patient Safety Concerns

According to court documents, Dr. Bolton raised several concerns to management during his employment, including:

• HCA Healthcare’s emphasis on short emergency room wait times at LewisGale Medical Center and its Cave Spring ER that allegedly had a negative impact on patient safety
• Patients who needed hospital admission being left in the emergency room
• Slow responses for transporting critically ill patients requiring “emergent surgical intervention”
• Inadequate numbers of medical staff at the facilities

The jury determined that while Dr. Bolton believed he was reporting violations of federal or state laws or regulations to his supervisors, they were not convinced these reports were the reason for his termination.

Complex Legal History of the Whistleblower Case

The case initially named additional defendants, including LewisGale Medical Center, LewisGale Hospital, and HCA Management Services. However, Roanoke County Circuit Court Judge James R. Swanson dismissed these parties, leaving Lake Spring Emergency Group as the sole defendant.

Evidence presented during the four-day trial included numerous emails and texts. Notably, communication from May 2021 indicated concerns about Dr. Bolton being “consistently about 60 charts behind,” though Dr. Bolton responded that his charts were “very thorough and detailed.”

Timeline of Events Leading to Termination

The case revealed a timeline of events that culminated in Dr. Bolton’s termination:

• 2018: Dr. Bolton was hired by Lake Spring Emergency Group to work at LewisGale facilities
• August 2021: Management placed Dr. Bolton on a performance improvement plan, which he considered retaliatory
• January 2023: Dr. Bolton complained about an 800-pound patient who had been in the emergency room for 45 hours without lab work being ordered
• February 2023: Dr. Bolton learned his physician agreement had been terminated, effective May 2, 2023

Lake Spring Emergency Group maintained throughout the proceedings that the performance improvement plan was implemented due to “clinical efficiency, timely communication and punctuality” issues, not as retaliation for whistleblowing activities.

Understanding Virginia’s Whistleblower Protection Law

This verdict offers valuable insights into how Virginia’s relatively new whistleblower protection statute is being interpreted by courts and juries. The law aims to protect employees who report what they reasonably believe to be violations of federal or state law, but plaintiffs must still demonstrate a causal connection between their protected activities and subsequent adverse employment actions.

Despite the outcome in this case, Virginia healthcare professionals should understand that whistleblower protections exist when properly navigated. The challenge often lies in establishing that adverse employment actions were specifically taken in response to protected reporting activities rather than legitimate performance concerns.

Lessons for Healthcare Whistleblowers

The Bolton case highlights several important considerations for healthcare professionals contemplating whistleblower actions:

1. Documentation is Critical: Both the employer and employee in this case relied heavily on documented communications. Maintaining thorough records of both safety concerns and performance evaluations is essential.
2. Performance Issues May Complicate Claims: Employers may successfully defend against retaliation claims if they can demonstrate legitimate performance concerns independent of whistleblowing activities.
3. Specificity Matters: When raising concerns, being specific about which laws or regulations are potentially being violated may strengthen whistleblower protections.
4. Timing and Context: The jury’s decision suggests they evaluated both the timing of complaints and the surrounding context, including performance issues raised by the employer.

How Whistleblower Attorneys Can Help Navigate Complex Cases

At Frith & Ellerman Law Firm in Roanoke, we specialize in advising healthcare whistleblowers throughout Western Virginia. Cases like Dr. Bolton’s underscore why legal counsel is valuable before and during whistleblowing activities. Our services include:

• Evaluating potential whistleblower claims in the context of existing performance issues
• Advising on proper documentation of concerns and communications
• Helping frame concerns in terms of specific legal or regulatory violations
• Navigating the complex interplay between performance management and protected activities

We understand the professional and personal risks healthcare professionals take when reporting patient safety concerns, and we work to provide both legal protection and practical guidance throughout the process.

Implications for Virginia Healthcare Professionals

While this case resulted in a defense verdict, each whistleblower situation is unique. Healthcare professionals should not be discouraged from reporting legitimate patient safety concerns, but should consider:

• Consulting with legal counsel early in the process
• Maintaining impeccable performance records
• Documenting specific concerns with reference to applicable standards
• Understanding the provisions of Virginia’s whistleblower protection law

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[1] JoJack, Beth. Roanoke Jury Rules ER Doc Wasn’t Fired for Whistleblowing. Virginia Business (Apr. 15 2025) available at https://virginiabusiness.com/roanoke-jury-rules-er-doc-wasnt-fired-for-whistleblowing/?oly_enc_id=6799H3353467A8A.