Nurse anesthetist sues Sanford Health, claiming he was falsely accused of groping

A nurse anesthetist is suing Sanford Health and a senior doctor, alleging he was mistakenly accused of groping the breasts of a female patient he was prepping for surgery in a hospital in Worthington.

Craig J. Bergh, 68, of Worthington, filed his lawsuit in U.S. District Court last week in connection with accusations that led to his firing and felony charges. A Nobles County district judge later dismissed the charges for lack of probable cause.

Along with defamation, Bergh’s suit alleges two other counts: interference with seeking employment elsewhere, and malicious prosecution stemming from the criminal charges. Bergh’s attorney, Paul Sortland, said Wednesday that the case has been expunged, making the specific charges unavailable.

The suit seeks a “reasonable sum in an amount in excess of $75,000″ and to have Bergh’s legal expenses reimbursed by the defendants, Sioux Falls-based Sanford Health along with Dr. Sara Zoelle in her role at the time as the network’s chief medical officer.

“We are unable to comment on active litigation to protect the confidentiality of those involved. We remain committed to providing high-quality, safe care to all our patients,” Sanford Health said in a statement.

Messages were left Wednesday with Zoelle seeking a response to the suit.

According to the suit, Bergh began preparing the patient for surgery on Aug. 15, 2022, at Sanford Health’s hospital in Worthington. She had previously undergone a double mastectomy and received breast implants.

The patient was face-down on the surgical bed, according to the suit. But the hospital lacked gel-filled chest rolls that were the right size to place under her, to keep her breasts off the mattress as required. Instead, smaller rolls intended for pediatric patients and towels were used for what was to be three hours of surgery, according to the lawsuit.

Wearing surgical gloves, Bergh assessed the patient’s breast tissue before she was placed face-down. He also examined the breasts to check the size and location of the implants, and to check for lumps or inflamed tissue. “This is standard practice for [face-down] positioning, as described by multiple anesthesia surgical experts,” the suit read.

Bergh’s assessment also led him to conclude that using the smaller rolls and towels would work for this patient. A nurse saw Bergh’s examination and mistakenly assumed it was “done for an improper or lascivious purpose,” the suit continued.

The nurse reported Bergh to the hospital’s administration. Zoelle led a review by a Sanford Health committee that lacked any input from anesthesiology experts, the suit reads, arguing that kind of input would have headed off a criminal prosecution, “and Bergh’s professional reputation would not have been harmed.”

Zoelle spoke with Bergh that day and accused him of violating Sanford’s policy by failing to get written or verbal permission to conduct the breast exam. Bergh said he had never been subjected to this requirement in 10 years at the Worthington hospital, nor has the existence of such a policy been produced.

Bergh was then told he had committed a sex crime, and that the police and the Minnesota Board of Nursing would be notified. Zoelle told Bergh he would lose his license to practice and go to jail, the suit alleges. He was under contract with Sanford through December 2022 but was fired in October of that year.

The criminal case against Bergh was dismissed in January 2023, and the Board of Nursing subsequently declined to take disciplinary action.