Bias suit rips Brigham surgical chief

4 women on staff allege chauvinism

Sworn statements from four employees who worked with the chief of neurosurgery at Brigham and Women's Hospital paint a picture of "an old boys' network that remains alive and well" in one of the nation's most prestigious hospitals, the lawyer for a surgeon contends in a sex discrimination lawsuit.

In a recent deposition, a nurse said that the chief, Dr. Arthur L. Day, on occasion displayed an 8-inch sculpture of a penis on his desk, routinely referred to female colleagues as girls, and downloaded sexually explicit drawings from the Kama Sutra, a traditional Indian guide to sex, onto her personal digital assistant.

In an affidavit, a department administrator alleges that Day once pointed at the belly of a pregnant administrative assistant and said, "We know what you're doing at night."

In another affidavit, a medical secretary says she was walking out of a clinic, counting money, when Day said something to the effect of, "Sugar, I told you that you don't have to pay for what I do for you."

Day vigorously denied the allegations, saying in a statement released by the hospital yesterday that he was "deeply saddened to hear these falsehoods."

"I deny the statements made against me in an attempt to damage my person al and professional reputation," Day said. "I welcome a thorough inquiry of the issues, as I am sure that the findings will indicate that all of my actions were based solely on maintaining high quality patient care and academic integrity."

The employees made the statements this month as part of the lawsuit brought by Dr. Sagun K. Tuli, a neurosurgeon who has accused Day and the hospital of denying her promotions while giving more favorable treatment to male colleagues with less experience.

Tuli filed the suit in December, a month after the hospital's credentials committee informed her that she would have to undergo a medical evaluation or she would not be permitted to practice at the Brigham after April 15.

In a statement yesterday, the hospital said concerns had been raised "about her behavior and interpersonal communications with patients, colleagues, and employees" and that the hospital had sent other doctors for similar evaluations "to assure optimum patient care and service."

Tuli's lawyer, Margaret M. Pinkham, says in court papers that the required medical review is "the culmination of years of disparate treatment, discrimination, and retaliation she has experienced" from Day.

Tuli, who has been at the Brigham since 2000, has asked a federal judge to allow her to remain at the hospital without undergoing a medical evaluation.

"From a 30,000-foot vantage point, the facts in this case are almost a cliché: Brilliant young Indian female surgeon who singlehandedly carries the load of neuro-spine service at Brigham and Women's Hospital crosses paths, and butts heads, with Southern white male surgeon of a different generation," Pinkham told the court in a legal brief.

Day, a 1972 graduate of Louisiana State University School of Medicine, practiced in Florida before coming to the Brigham in 2002.

In his statement, he said, "I strongly believe that I honor the tenets of respecting all of my colleagues and trainees, and that I do my best to support and promote each of them in their professional development and attainment of their personal goals. As colleagues, we may not agree on all matters, but we do agree that providing the best care to our patients is our collective priority and the sole and guiding focus of our mission."

The affidavits filed by the four employees describe Day's behavior more harshly.

Eileen Hardy, a nurse who worked in Day's office for 2 1/2 years, said that many times Day referred to nurses, nursing secretaries, and Tuli as girls. She said Day, in addition to the phallic sculpture, kept a small box containing bikini underwear on his desk. Hardy said Day thought the sculpture was funny; she thought it was silly.

Robin Beal, a medical secretary, said that when Day allegedly made the remark to her about not paying him money, she thought it was "very inappropriate" but was not intimidated.

Dana Thomas, a surgical technologist, said he once heard Day tell Tuli during a complex spinal operation, "You're just a girl; you shouldn't be playing with this equipment."

Kari E. Peterson, a neurosurgery department administrator who recounted Day's remark to the pregnant employee, said that after hearing about other, similar comments, she confronted Day a few months after he arrived at the hospital.

"I actually told Dr. Day that given his Southern accent, when he made those comments, he 'sounded like a redneck,' " Peterson stated. "I was not trying to insult him by using that word, but I wanted him to understand the effect of his behavior on his reputation as a well-regarded, intelligent, sophisticated surgeon. . . . I told him I wanted to be sure he understood the extent to which the Boston medical community may differ from where he had been."

Michael Levenson can be reached at mlevenson@globe.com.