Rutgers University Faces Lawsuit Over Anesthesia Residency Program Head’s Alleged Sexual Harassment

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On May 8, 2017, Rutgers University was hit with a lawsuit in New Jersey state court from former and current school employees. The suit alleges that the university failed to prevent, stop and remedy sexual harassment and retaliation by the director of its anesthesia residency program. Additionally, the suit also alleges that Rutgers “fostered a harassing and discriminatory atmosphere.”

What must be remembered is that residents, interns and fellows fill dual roles. They are employees as well as “students”or graduate medical education (GME) program participants. Therefore, they have the same rights as any other hospital or institution employee.

According to the plaintiffs, they reported their claims to the university in August 2016 and provided ample evidence. Rutgers then followed with an internal probe and issued reports that the […]

By |2024-03-14T10:01:22-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Rutgers University Faces Lawsuit Over Anesthesia Residency Program Head’s Alleged Sexual Harassment
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Other Options Must Be Considered Before Emergency Suspension Order Will Be Upheld

The Department of Health (“DOH”) issued an emergency order suspending Burton’s license to practice nursing.

On appeal, the court quashed the emergency order. It held that DOH had failed to examine other disciplinary options available to it short of suspension. While recognizing DOH might be able to support license suspension as an appropriate penalty, it held that Burton was entitled to a hearing to contest the charges.

In the dissenting opinion, Judge Osterhaus cited numerous findings in the DOH order that supported suspension.

Source:

Burton v. Department of Health, 116 So. 3d 1285 (Fla. 1st DCA 2013) (Opinion filed July 24, 2013).

About the Author: The forgoing case summary was prepared by Mary F. Smallwood, Esquire, of the Administrative Law Section of The Florida Bar. It originally appeared in the Administrative Law Section newsletter, Vol. 35, No. 2 (Dec. 2013).

By |2024-03-14T10:01:58-04:00May 15, 2018|Categories: Administrative Hearing, Department of Health, Discipline, Emergency Suspension Order|Tags: , , , , , , , , , , , , , , , |Comments Off on Other Options Must Be Considered Before Emergency Suspension Order Will Be Upheld
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Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

Headshot of The Health Law Firm's attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the individual we are representing has a medical history of mental health issues that may have caused or contributed to the problems they are facing.

In many situations, the troubles that are faced could have been avoided if the student or resident had disclosed their medical condition to the school, program, or institution, and […]

By |2024-03-14T10:01:24-04:00May 15, 2018|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems
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