A former employee of the Veterans Affairs Medical System in Montana claims a senior leader retaliated against her in 2014 for filing a patient safety report over an operating room error.

Dianne Scotten was the VA's associate chief of inpatient care from March to December 2014. Soon after her arrival, she reported to the VA's Quality Management Program that there was a dispute over whether a surgical towel count had been completed during an operation.

Scotten's attorney, Jill Gerdrum (JER-drum), says Associate Director for Patient Care Services Norlynn Nelson then reprimanded Scotten, reassigned her, cut off communications and effectively coerced her resignation.

Scotten is asking an administrative judge to award her damages for violations of the Whistleblower Protection Act.

Nelson says Scotten was underperforming and she reassigned Scotten to find an area where she would excel.

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