Psychologist sues U of M and Shared Health

Michelle Keiski alleges she was fired after raising concerns about patient care

A clinical psychologist hired to care for sick youths is suing the U of M and Shared Health, claiming that she was wrongfully dismissed after she made a complaint relating to patient care.

In the lawsuit filed in the Court of King’s Bench on Nov. 7, Dr. Michelle Keiski said that she was “pressured to engage in misconduct and other violations of professional standards.”

According to the lawsuit, Keiski filed a complaint with the Psychological Association of Manitoba in September 2022 to raise concern over issues at the Max Rady college of medicine, including the clinical health psychology department. These issues included the misreporting of studies and data, employees providing services they are not qualified to deliver and other issues impacting patient care.

One month after filing the complaint, Keiski was placed on administrative leave without cause, according to the statement of claim.

“The only reasonable explanation she was aware of was that she was being terminated for fulfilling her professional and ethical obligations by making her complaint,” states the lawsuit.

“The decision to terminate her employment was retaliatory,” claims the lawsuit, and that the employers’ conduct was “harsh, vindictive, reprehensible, malicious and deserving of judicial condemnation.”

Keiski holds a PhD in clinical psychology — specializing in neuropsychology — and was recruited from Kingston, Ont., to jointly work as an assistant professor with the university and as a psychologist for Shared Health. Her term position started in October 2021 and was to end in June of this year.

At the U of M, Keiski was to teach at the undergraduate and postgraduate levels. She was also responsible for administrative roles pertaining to governance, policy formation, curriculum planning and program implementation. With Shared Health, Keiski was to conduct research and provide neuropsychology services to youth with neurologic illness or injury, including for epilepsy surgery patients, according to the lawsuit.

Keiski’s contract indicated that either party could terminate the terms of the agreement by giving the other six months written notice.

During her employment, the lawsuit states that it “became increasingly apparent” to Keiski that issues within the Max Rady college of medicine and the department of clinical health psychology had impacted the epilepsy surgery services that were provided during the past decade.

Keiski raised her concerns with the department head, Dr. Lesley Graff, who indicated that “she was aware of the long-standing issue vis-à-vis misrepresentation of qualification and/or services,” according to the lawsuit.

“Nevertheless, there were indications of intent to persist with these and other concerning issues,” the lawsuit alleges.

The document states that Keiski was told “there were concerns” that she may express criticism of the university and Shared Health, and that “her employment might be contingent upon her refraining from expressing any such criticism.”

In November 2022, after filing her complaint with the Psychological Association of Manitoba, her employment was terminated “on a without cause basis” and she received six months pay in lieu of notice, according to the statement of claim.

“Keiski had a professional and ethical obligation to make complaints to the regulatory body where misconduct occurred, or could reasonably believed, to have occurred.”

The lawsuit states that while Keiski was employed, she “provided high quality care to all of her patients, performed her duties competently as an assistant professor and consistently met and/or exceeded her employment obligations.”

Keiski is being represented by lawyers Greg Bartel and Abram Silver of Myers LLP. None of the lawsuit allegations have been tested in court.

As of Nov. 15, no statements of defence have been filed by the U of M or Shared Health.