Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

By 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 requested reasonable accommodations. However, after the adverse action has been taken it is often (but not always) too late to do this.

Use the institution’s forms to report a medical condition or disability.

All major medical schools, universities, residency programs, and hospitals in the United States have offices or departments to receive reports of medical conditions and disabilities and to assist the student/resident in obtaining support, resources and reasonable accommodations to help the student/resident be successful. However, if the institution is never notified of the medical condition or disability and is never given the opportunity to provide reasonable accommodations, then the student/resident has failed to take advantage of an opportunity that exists which may have helped prevent the adverse action that was taken.

If you have a medical condition or disability of any kind, especially one such as depression, learning disability, bipolar disorder, anxiety disorder, ADHD, a disease or illness which may affect your performance, or other condition that classifies as an illness or disability, you should be sure that this is diagnosed by the appropriate physician. You must also have that physician formulate reasonable accommodations that your institution, program, school or hospital can take that would help you to accommodate your condition. You should then complete the forms that your institution uses to report this and request reasonable accommodations to help you.

Don’t fear stigma from reporting a medical condition or illness.

We most often find that our clients have failed to report a medical condition or illness and request reasonable accommodations out of a fear that their program, professors, attendings and colleagues will discriminate against them and see them in a lesser light. Actually, the opposite is true. If a medical student our resident is failing academically, is unable to pass exams, or does not appear to be able to handle clinical rotations, it is more likely that the institution will feel that the person does not have the capability or motivation to succeed. However, by disclosing the medical condition or disability, this helps to explain such matters.

 

Illegal to discriminate based on disability or illness.

There are a number of federal laws and often state laws which protect a student or resident who has a medical disability or illness against discrimination. Additionally, almost all major colleges, universities and institutions have policies and procedures in place which prevent this. However, if the resident or student has not disclosed the medical condition or disability to anyone, there can be no argument made that the person was discriminated against because of this. Therefore, disclosure and a request for reasonable accommodation may be a big benefit in challenging adverse actions.

 

Contact Experienced Health Law Attorneys Representing Medical Students, Residents and Fellows.

The Health Law Firm routinely represents medical students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. We also represent other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

 

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for medical students, legal representation for residents, legal representation for fellows, legal representation for disputes with medical programs and institutions, investigation by National Board of Medical Examiners (NBME), United States Medical Licensing Examination (USMLE), USMLE preparation course, USMLE hearings, USMLE appeals, foreign medical student defense lawyer, medical graduate defense attorney, defense lawyer for doctors, legal representation fro physicians, residents and intern legal representation, medical student attorney, medical resident lawyer, medical intern lawyer, civil proceeding, criminal proceeding, administrative proceeding, medical administrative hearings, administrative law, medical student legal defense counsel, medical resident lawyer, medical resident defense attorney, medical intern lawyer, medical intern attorney, accused of irregular behavior, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

 

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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 allegations were erroneously found. In the report, Rutgers stated that Dr. Jean Daniel Eloy had not violated either the state’s law against discrimination or the university’s policies on sexual harassment.

The Alleged Misconduct.

The lawsuit was filed on behalf of current Rutgers University employee Melinda Ball and former employees Rebecca Scholl and Sam Nia. The alleged misconduct occurred when all three plaintiffs were residents in the program that was overseen by Dr. Eloy.

Melinda Ball and Rebecca Scholl claim Dr. Eloy repeatedly sexually harassed them, and retaliated against them because they snubbed his sexual advances, according to the complaint. Dr. Eloy allegedly retaliated against Scholl in various ways, including falsely stating in her semi-annual review that she was “disrespectful, lazy and unprofessional,” the complaint states. Dr. Eloy also allegedly retaliated against Sam Nia, because she attempted to protect Scholl from the sexual harassment and retaliation.

Ball, Scholl and Nia have accused Rutgers of “failing to conduct an adequate investigation into plaintiffs’ complaints of discrimination, harassment and retaliation; and failing to take appropriate disciplinary action against defendant’s supervisors, managers, agents and employees who discriminated and retaliated against plaintiffs and created a hostile work environment for them,” the complaint states.

To read the complaint filed April 27 in Essex County Superior Court in full, click here.

To read a blog on a similar case of harassment, click here.

Discrimination in Gme Programs More Common than You Think.

Unfortunately, from what our clients have told us, discrimination in different forms is not uncommon in many graduate medical education programs. Although it may be sexually based, as in this case, it may also be based upon an illness or medical condition, sexual persuasion race or national origin. It is illegal to discriminate based on these grounds or even the perception of these grounds when they do not actually exist and most institutions have written policies and standards that prohibit it. Discrimination and harassment can make a residency or other learning experience intolerable and lead to poor performance and failure.

Students, residents, interns and fellows may be reluctant to report incidents of discrimination or harassment because of fears of reprisal. However, you should always report it. You are doing no favors to your self, your peers or the program itself when you fail to report it.

Contact Experienced Health Law Attorneys Representing Medical Students, Residents and Fellows.

The Health Law Firm routinely represents medical students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. We also represent other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for medical students, legal representation for residents, legal representation for fellows, legal representation for disputes with medical programs and institutions, legal representation for discrimination, bullying and sexual harassment in the workplace attorneys, intentional infliction of emotional distress lawyers, academic review hearing, legal representation for physicians accused of wrongdoing, medical graduate defense attorney, defense lawyer for doctors, legal representation fro physicians, residents and intern legal representation, medical student attorney, medical resident lawyer, medical intern lawyer, civil proceeding, criminal proceeding, administrative proceeding, medical administrative hearings, administrative law, medical student legal defense counsel, medical resident lawyer, medical resident defense attorney, medical intern lawyer, medical intern attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

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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Medical Residency and Fellowship Program Problems: Do’s and Don’t’s of Dealing with Graduate Medical Education (GME) Programs

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

Medical residents and fellows, often when experiencing problems with their graduate medical education (GME) programs, wait until it is too late to think of consulting with an experienced healthcare attorney regarding possible solutions. Even when it may appear to be too late, it may not actually be too late to recover.

Try to take appropriate actions and make informed decisions at the earliest possible stages; try not to wait until you have received a notice terminating you to consult with an experienced health lawyer.

Medical Residents and Fellows Play Two Different Roles and Have two Different Sets of Rights.

Always remember that, as a resident or fellow, you actually have two different positions and two different sets of rights apply to you.

First, you are a learner (similar to a student) in an education program. In a teaching hospital or other GME program, you have certain academic rights afforded to you by virtue of this academics arrangement. These may arise from the requirements imposed by certifying bodies such as the Accreditation Council for Graduate Medical Education (ACGME) or the American College of Obstetrics and Gynecology (ACOG). Such standards are usually embodied in both the program’s GME Manual/Handbook and in the separate Residency or Fellowship Program Manual/Hanbook for that medical specialty program. These will include the right to file grievances regarding adverse decisions and the right to hearings and appeals (and other “due process rights”) on adverse actions and decisions.

Whether the adverse action is a failing grade in a rotation, placement on probation, placement on a personal improvement plan (PIP), a requirement to remediate a course, exam or rotation, or a termination from the program, it is important to know what your rights are and to exercise them, at the earliest possible time.

Second, you are an employer of a hospital or institution, as well. You have a written employment contract. You have rights such as to be free from discrimination of various forms. You have the other rights all employees have as set forth in numerous state and federal laws, as well as in the employer’s employee handbooks, manuals and policies and procedures.

If you are being sexually harassed, then you should file a complaint with your employer’s Human Resources Department followed by one with the federal Equal Employment Opportunity Commission (EEOC) or equivalent state agency (such as the Florida Commission on Human Relations Commission or FCHR). If you are being forced to work in a hostile work environment because of discrimination based on your race or nationality, then you should also file a complaint as above. If you have any type of mental or physical handicap or disability or any type of mecial condition which may affect your ability to perform (ADHD being the most common one we have seen) then you should give your employer notice of this and request reasonable accommodations to help you (most employers have online forms or forms available from the Human Resources Office for this. But do this at the earliest possible opportunity, preferably, at the very start of your residency or fellowship.

Be sure you obtain, review and save copies of all of the handbooks, manuals, and policies and procedures discussed above.

Know What the ACGME Says Your Program’s Obligations Are to You as a Resident or Fellow.

Also, review what the ACGME says your program must be doing to properly perform its role as a teaching institution. Go onto the ACGME website and review these requirements. These include, for example, providing regular and meaningful feedback on your performance and being sure you are given the proper opportunities to know what your perceived deficiencies are and to correct them.

If these are not embodied in the institution’s GME Program Manuals/Handbooks, then the program is deficient and may be subject to losing its accreditation.

Advise Your Program Director and the Head of the GME Program If the Program’s Obligations to You Are Not Being Met.

If you are not receiving timely and appropriate feedback on your performance, both formal and informal, give written notice to the Program Director, with a copy to the GME Office requesting that it be placed in your GME file.

If you receive an adverse evaluation because of bias or prejudice, immediately give written notice to the Program Director, with a copy to the GME Office requesting that it be placed in your GME file.

If you are given warnings, counseling, adverse evaluations, remediation or performance plans that are based on incorrect facts, immediately rebut these, in writing, using neutral and objective statements. Provide a copy of this to the Program Director, with a copy to the GME Office requesting that it be placed in your GME file, attached to the document it rebuts.

If you have personal problems, family problems, medical problems or other problems that are affecting your ability to perform, then ask for as much time off as you may conceivably need to take care of these, even if it means taking unpaid time off or an extended leave of absence. It is much better to address this type of issue up front and make up missed rotations and exams than to ignore them and fail. To learn more, click here to read one of my prior blogs on this issue.

You Need to Recognize Problems and Take the Appropriate Actions, Too.

If you have medical problems which affect your performance, seek the correct type of treatment from the appropriate medical specialist, and stay in follow-up treatment. If you have ADHD with which you are coping, you need a good psychiatrist to help you manage it, not a family practice physician. If you are dealing with post-traumatic stress disorder (PTSD), you need a good psychiatrist to help you manage it, not an OB/GYN or mental health counselor. But you also need to apply for reasonable accommodations.

If you are not the brightest person to ever graduate from medical school and you are in the best, hardest, most sought after residency program, maybe you are in over your head. Maybe you should consider changing to a different program before you are terminated form this one.

I represented a resident once who had been diagnosed with cancer twice while in residency. Twice he went through chemotherapy and radiation treatments and defeated the cancer. He also attempted to return to the program, to resume a very demanding schedule and not take time off to properly recuperate. He could have and should have taken a year’s leave of absence for each cancer he had.

He wound up being terminated. He did not recognize his limitations or ask for appropriate accommodations. On the other hand, he was lucky to be alive and to be a doctor, regardless of failure to complete his residency.

Take Action to Protect Your Rights and Request the Appropriate Remedies.

Know your rights under your GME program. Seek the advice of experienced legal counsel at the earliest possible time, even if only to review your options and help decide on a course or action.

Know and exercise your rights as an employee, but remember, you are a special type of employee. Seek the advice of experienced health care legal counsel at the earliest possible time, even if only to review your options and help decide on a course or action.

These problems and issues are ones for a board certified healthcare lawyer, not an employment lawyer, contract lawyer, trial lawyer or criminal defense lawyer. Know the difference. Click here to read about the qualifications of a board certified healthcare lawyer.

You must Exhaust Your Remedies Within Your Program First, If You Decide You must Sue in Court Later.

Don’t believe that you can just go out and sue in court and achieve what you want. First, courts are very reluctant to second guess academic decisions made by teaching institutions. They just don’t like to be in the business of second-guessing clinical professors and academicians. They don’t have the training and knowledge to do so, in many cases. Second, courts expect that you have gone through any internal administrative remedies that you may have within the program (called “exhaustion of administrative remedies”). This includes grievances, appeals, academic hearings and due process provisions. A court will not entertain a case until you have done so, so you may as well go ahead and get this done. To read what our firm does in the area of complex litigation, click here.

However, if you are in a program in a state or federal hospital or university program, you will have greater due process of law rights available to you to enforce in court under the U.S. Constitution and state laws than what you would have in a private institution.

Also remember that in court litigation, your GME handbook or manual, your Program handbook or manual and your program’s or hospitals policies and procedures will be your “GME contract” which you can enforce, in addition to your written employment contract.

Remember That External Complaint Mechanisms Are Also Available That May Help Remedy Your Situation.

We discussed filing discrimination and harassment complaints with ouside agencies such as the EEOC and the state human relations commission (such as teh Florida Commission on Human Relations). However, you can also file a complaint with the ACGME or other accrediting body, if the program is not meeting its standards. For information on how to do this, click here.

The U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR), may also be an appropriate place to file a complaint, under many circumstances. For examples, click here.

For more information on what we, as healthcare lawyers, can do to help you, please visit this article on our website.

Contact Experienced Health Law Attorneys Representing Medical Students, Residents and Fellows.

The Health Law Firm routinely represents medical students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. We also represent other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys. Our attorneys can represent you anywhere in the U.S. and anywhere in Florida.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: medical residency program dismissal attorney, medical residency program dismissal lawyer, medical residency program dismissal legal counsel, medical residency program dismissal legal advice, medical fellowship program dismissal attorney, medical fellowship program dismissal lawyer, medical fellowship program dismissal legal counsel, medical fellowship program dismissal legal advice, GME program hearing and termination attorney, GME program hearing and termination lawyer, GME program hearing and termination legal counsel, GME program hearing and termination legal advice, medical resident legal representation, medical resident legal advice, medical resident defense lawyer, medical resident defense attorney, medical fellow legal representation, medical fellow legal advice, medical fellow defense lawyer, medical fellow defense attorney, graduate medical education (GME) program lawyer, graduate medical education (GME) program attorney, graduate medical education (GME) program legal advice, graduate medical education (GME) program legal counsel, residency program grievance lawyer, residency program grievance attorney, residency program grievance legal advice, residency program grievance legal counsel, fellowship program grievance lawyer, fellowship program grievance attorney, fellowship program grievance attorney, fellowship program grievance legal counsel, residency program grievance lawyer, residency program appeal hearing attorney, residency program appeal hearing legal advice, residency program appeal hearing legal counsel, fellowship program appeal hearing lawyer, fellowship program appeal hearing attorney, fellowship program appeal hearing attorney, fellowship program appeal hearing legal counsel, residency program academic hearing lawyer, residency program academic hearing attorney, residency program academic hearing legal advice, residency program academic hearing legal counsel, fellowship program academic hearing lawyer, fellowship program academic hearing attorney, fellowship program academic hearing attorney, fellowship program academic hearing legal counsel, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

 

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

By |2024-03-14T10:01:23-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Medical Residency and Fellowship Program Problems: Do’s and Don’t’s of Dealing with Graduate Medical Education (GME) Programs
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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 requested reasonable accommodations. However, after the adverse action has been taken it is often (but not always) too late to do this.

Use the institution’s forms to report a medical condition or disability.

All major medical schools, universities, residency programs, and hospitals in the United States have offices or departments to receive reports of medical conditions and disabilities and to assist the student/resident in obtaining support, resources and reasonable accommodations to help the student/resident be successful. However, if the institution is never notified of the medical condition or disability and is never given the opportunity to provide reasonable accommodations, then the student/resident has failed to take advantage of an opportunity that exists which may have helped prevent the adverse action that was taken.

If you have a medical condition or disability of any kind, especially one such as depression, learning disability, bipolar disorder, anxiety disorder, ADHD, a disease or illness which may affect your performance, or other condition that classifies as an illness or disability, you should be sure that this is diagnosed by the appropriate physician. You must also have that physician formulate reasonable accommodations that your institution, program, school or hospital can take that would help you to accommodate your condition. You should then complete the forms that your institution uses to report this and request reasonable accommodations to help you.

Don’t fear stigma from reporting a medical condition or illness.

We most often find that our clients have failed to report a medical condition or illness and request reasonable accommodations out of a fear that their program, professors, attendings and colleagues will discriminate against them and see them in a lesser light. Actually, the opposite is true. If a medical student our resident is failing academically, is unable to pass exams, or does not appear to be able to handle clinical rotations, it is more likely that the institution will feel that the person does not have the capability or motivation to succeed. However, by disclosing the medical condition or disability, this helps to explain such matters.

Illegal to discriminate based on disability or illness.

There are a number of federal laws and often state laws which protect a student or resident who has a medical disability or illness against discrimination. Additionally, almost all major colleges, universities and institutions have policies and procedures in place which prevent this. However, if the resident or student has not disclosed the medical condition or disability to anyone, there can be no argument made that the person was discriminated against because of this. Therefore, disclosure and a request for reasonable accommodation may be a big benefit in challenging adverse actions.

Contact Experienced Health Law Attorneys Representing Medical Students, Residents and Fellows.

The Health Law Firm routinely represents medical students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. We also represent other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for medical students, legal representation for residents, legal representation for fellows, legal representation for disputes with medical programs and institutions, investigation by National Board of Medical Examiners (NBME), United States Medical Licensing Examination (USMLE), USMLE preparation course, USMLE hearings, USMLE appeals, foreign medical student defense lawyer, medical graduate defense attorney, defense lawyer for doctors, legal representation fro physicians, residents and intern legal representation, medical student attorney, medical resident lawyer, medical intern lawyer, civil proceeding, criminal proceeding, administrative proceeding, medical administrative hearings, administrative law, medical student legal defense counsel, medical resident lawyer, medical resident defense attorney, medical intern lawyer, medical intern attorney, accused of irregular behavior, The Health Law Firm reviews

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

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

George IndestBy 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 allegations were erroneously found. In the report, Rutgers stated that Dr. Jean Daniel Eloy had not violated either the state’s law against discrimination or the university’s policies on sexual harassment.

The Alleged Misconduct.

The lawsuit was filed on behalf of current Rutgers University employee Melinda Ball and former employees Rebecca Scholl and Sam Nia. The alleged misconduct occurred when all three plaintiffs were residents in the program that was overseen by Dr. Eloy.

Melinda Ball and Rebecca Scholl claim Dr. Eloy repeatedly sexually harassed them, and retaliated against them because they snubbed his sexual advances, according to the complaint. Dr. Eloy allegedly retaliated against Scholl in various ways, including falsely stating in her semi-annual review that she was “disrespectful, lazy and unprofessional,” the complaint states. Dr. Eloy also allegedly retaliated against Sam Nia, because she attempted to protect Scholl from the sexual harassment and retaliation.

Ball, Scholl and Nia have accused Rutgers of “failing to conduct an adequate investigation into plaintiffs’ complaints of discrimination, harassment and retaliation; and failing to take appropriate disciplinary action against defendant’s supervisors, managers, agents and employees who discriminated and retaliated against plaintiffs and created a hostile work environment for them,” the complaint states.

To read the complaint filed April 27 in Essex County Superior Court in full, click here.

To read a blog on a similar case of harassment, click here.

Discrimination in Gme Programs More Common than You Think.

Unfortunately, from what our clients have told us, discrimination in different forms is not uncommon in many graduate medical education programs. Although it may be sexually based, as in this case, it may also be based upon an illness or medical condition, sexual persuasion race or national origin. It is illegal to discriminate based on these grounds or even the perception of these grounds when they do not actually exist and most institutions have written policies and standards that prohibit it. Discrimination and harassment can make a residency or other learning experience intolerable and lead to poor performance and failure.

Students, residents, interns and fellows may be reluctant to report incidents of discrimination or harassment because of fears of reprisal. However, you should always report it. You are doing no favors to your self, your peers or the program itself when you fail to report it.

Contact Experienced Health Law Attorneys Representing Medical Students, Residents and Fellows.

The Health Law Firm routinely represents medical students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. We also represent other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Legal representation for medical students, legal representation for residents, legal representation for fellows, legal representation for disputes with medical programs and institutions, legal representation for discrimination, bullying and sexual harassment in the workplace attorneys, intentional infliction of emotional distress lawyers, academic review hearing, legal representation for physicians accused of wrongdoing, medical graduate defense attorney, defense lawyer for doctors, legal representation fro physicians, residents and intern legal representation, medical student attorney, medical resident lawyer, medical intern lawyer, civil proceeding, criminal proceeding, administrative proceeding, medical administrative hearings, administrative law, medical student legal defense counsel, medical resident lawyer, medical resident defense attorney, medical intern lawyer, medical intern attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

By |2024-03-14T10:01:26-04:00May 15, 2018|Categories: Health Facilities Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |2 Comments
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Going to Take the USMLE Step Exams?  Beware of Actions That Can Be Called “Irregular Behavior”-Part 1

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

If you are a medical student in or coming to the United States, you are familiar with the United States Medical Licensing Examination (USMLE) Step examinations.  Passing these examinations is required to become licensed in the U.S. and to matching for desired U.S. residency programs. For some foreign medical schools, passing the USMLE Step exams is required to actually graduate and received a medical degree.

This is Part 1 of a two part blog.

Violation of the Technicalities in the USMLE Handbook May Lead to a Charge of Irregular Behavior.

Although the Step examinations themselves are detailed and tough, sometimes the rules and policies concerning administration of the exams is what causes a career-ending problem for the applicant.  We often are retained to represent candidates for the examinations who have received notice from the USMLE that they are being investigated or charged with “irregular behavior.”  To me the term “irregular behavior” is merely a euphemism for “cheating” or “attempting to gain an unfair advantage.”

Consequences Can Be Severe.

If a person is found to have committed “irregular behavior,” her or his transcript of USMLE scores is stamped with the words “Irregular Behavior” and usually a letter explaining that “irregular behavior” is sent with it.  The reporting of USMLE Step exam score will usually be delayed while the investigation and/or hearing is conducted, which may take many months and make you miss important deadlines.  Any medical school, residency program, fellowship program or potential employer who receives the transcript of USMLE scores, also receives the foregoing. In many cases this will eliminate you from consideration for the best residency and fellowship programs.
Often the type of conduct that is charged is conduct that is fully acceptable in other professions and is not considered to be a violation of the rules.  According to the USMLE, there are many types of conduct that can be termed “irregular behavior.”
Irregular behavior includes any action by applicants, examinees, potential applicants, or others when solicited by an applicant and/or examinee that could compromise the validity, integrity, or security of the USMLE examination process.

The USMLE’s Examples of Irregular Behavior.

On its website, and elsewhere the USMLE provides examples of some of the types of actions that it considers to be “irregular behavior.”  These include:

Specific examples of conduct that may be deemed to be irregular behavior include, but are not limited to the following:

1. Seeking, providing, or obtaining unauthorized access to examination materials.  This includes, for example, posting a request on a listserv for questions or cases from an examination.  A posting as simple and innocuous as “Does anyone have anything on the Houston cases?” can lead to a finding of irregular behavior and serious sanctions.  And know that the USMLE has many ways of obtaining the correct identity of the owner of an e-mail address.

2. Providing false information or making false statements on or in connection with application forms, scheduling permits, or other USMLE- related documents.  This might include, for example, that you have been enrolled in a different medical school previously or that you are no longer qualified to take an exam.

3. Taking or attempting to take and examination for which you are not eligible.

4. Taking an examination for someone or engaging someone to take an examination for you.  This is hardly surprising.  This would be considered cheating and fraud anywhere.
In Part 2 of this Blog, I will continue to discuss the types of actions the USMLE considers to be “irregular behavior.”

To learn more, click here to read a prior blog I wrote on the USMLE exam.

Contact Experienced Health Law Attorneys Today.

The attorneys of The Health Law Firm provide legal representation to medical students, residents, interns and fellows in academic disputes, graduate medical education (GME) hearings, contract negotiations, license applications, board certification applications and hearings, credential hearings, and civil and administrative litigations. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

Warning: “Much of the material above is provided by the USMLE.  No copyright or other rights are claimed for any material belonging to the USMLE, the NBME or others.”

Keywords: National Board of Medical Examiners (NBME) representation, medical students representation, medical resident representation, irregular behavior representation, NBME defense attorney, medical student defense attorney, medical resident defense attorney, irregular behavior defense attorney,  United States Medical Licensing Examination (USMLE) defense attorney, USMLE representation, Examination Committee for Foreign Medical Graduates (ECFMG) representation, USMLE hearings attorney, USMLE appeals attorney, legal representation for health care professionals, health care attorney, health care lawyer, medical student lawyer, medical student attorney, medical resident lawyer, medical resident attorney, medical intern lawyer, medical intern attorney, civil proceeding attorney, criminal proceeding lawyer, administrative proceeding attorney, medical administrative hearings representation, administrative law attorney, health law defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.Copyright © 2018 The Health Law Firm. All rights reserved.

By |2024-03-14T10:01:48-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |1 Comment
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Going to Take the USMLE Step Exams?  Beware of Actions That Can Be Called “Irregular Behavior”-Part 2 of 2

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

In Part 2 of this blog, I will continue to discuss the types of actions the USMLE considers to be “irregular behavior.”  To read Part 1 of this blog, click here.

Specific examples of conduct that may be deemed to be irregular behavior include, but are not limited to the following (continued):

5. Seeking, providing, or obtaining unauthorized assistance during the examination or attempting to do so.  This would include using radio devices to obtain information, using phones or watches to obtain information, bringing pieces of paper with you into the exam that have information written on them, or speaking with other test-takers in a bathroom or hallway about the contents of the exam.  This also includes writing down information from a test to remove from the test location.

6. Making notes of any kind while in the secure areas of the test center, except on the writing materials provided at the test center for this purpose.  This is self-explanatory.

7. Failing to adhere to any USMLE policy, procedure, or rule including instructions of the test center staff.  This might include, for example, to stop when the time is up or to follow any other announced instructions of a test proctor.

8. Verbal or physical harassment of test center staff or other examination staff, or other disruptive or unprofessional behavior during the registration, scheduling, or examination process.  Cursing or other disruptive behavior during the exam might be included in this.  Setting the test center on fire is definitely included in this.

9. Possessing any unauthorized materials, including, but not limited to, photographic equipment, communication or recording devices, fitness and tracking monitors, and cell phones, in the secure testing areas.  The security is just about as good as in a Las Vegas casino.  So don’t try to sneak any hidden communications equipment or spy equipment into the test site.  Also, don’t try to sneak in or use any “cheat sheets,” “crib notes,” notes written on your skin, notes written on the bottom of your shoes;  these have all been tried and failed.

10. Altering or misrepresenting examination scores.  Believe it or not, you always get caught when you do this.  The school or residency program always confirms the test scores with USMLE and reports any discrepancies.

11. Unauthorized reproduction by any means, including, but not limited to, reconstruction through memorization or dissemination of copyrighted examination materials by any means, including the Internet.  The USMLE copyrights each of its tests.  It is very aggressive in enforcing its copyrights through civil and criminal prosecutions, as well as charges of “irregular behavior.”

12. Communicating or attempting to communicate about specific test items, cases, and/or answers with another examinee, potential examinee, or formal or informal test preparation group at any time before, during, or after an examination.  We have seen this happen mostly through Listservs and specifically, the USMLE Forum.  However, there are also other websites of which we have been made aware where summaries of test questions or exams (some rather dated) have been posted.  Stay away from these and do not post anything on them or request any possibly infringing information from them.

13. Failure to cooperate fully in any investigation of a violation of the USMLE rules.  The USMLE states that this is “irregular behavior.”  But we are not sure that we agree with this one, especially if such “cooperation” might lead to incriminating oneself.
The USMLE warns that, although there are a number of reputable test preparation courses out there, it is illegal for a company or individual use, disclose, distribute, or solicit content from recent test takers, or to the otherwise provide access to questions or answers from actual USMLE examinations.  And if the USMLE determines that a test prep course has obtained its actual test questions or materials, watch out.  Not only will the prep course company or owner be in serious trouble, those that enrolled in and took any courses with them will be in trouble.

When in doubt, don’t do it.

What to Do If You Get a Letter from the USMLE Accusing You of “Irregular Behavior.”

If you get a letter from the USMLE (or the Education Commission for Foreign Medical Graduates (ECFMG)) advising you that you are suspected of “irregular behavior,” this is the time to consult with an attorney experienced in dealing with such matters, immediately, before responding.  If you are contacted by an investigator for the USMLE or ECFMG investigating someone else suspected of “irregular behavior,” this is also the time to consult with an attorney experienced in dealing with such matters, immediately, before responding;  you may wind up being charged also.

There are only a very few law firms or attorneys in the whole U.S. who have experience in dealing with the USMLE, ECFMG and the National Board of Medical Examiners (NBME);  we are one of them.  The consequences to your career could be catastrophic unless you seek and obtain good legal advice on what to do.  Don’t wait.

This is Part 1 of a two part blog.  To read Part 1 of this blog, click here.

To learn more, click here to read a prior blog I wrote on the USMLE exam.

Contact Experienced Health Law Attorneys Today.

The attorneys of The Health Law Firm provide legal representation to medical students, residents, interns and fellows in academic disputes, graduate medical education (GME) hearings, contract negotiations, license applications, board certification applications and hearings, credential hearings, and civil and administrative litigations. To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

Warning: “Much of the material above is provided by the USMLE.  No copyright or other rights are claimed for any material belonging to the USMLE, the NBME or others.”

Keywords: National Board of Medical Examiners (NBME) representation, medical students representation, medical resident representation, irregular behavior representation, NBME defense attorney, medical student defense attorney, medical resident defense attorney, irregular behavior defense attorney,  United States Medical Licensing Examination (USMLE) defense attorney, USMLE representation, Examination Committee for Foreign Medical Graduates (ECFMG) representation, USMLE hearings attorney, USMLE appeals attorney, legal representation for health care professionals, health care attorney, health care lawyer, medical student lawyer, medical student attorney, medical resident lawyer, medical resident attorney, medical intern lawyer, medical intern attorney, civil proceeding attorney, criminal proceeding lawyer, administrative proceeding attorney, medical administrative hearings representation, administrative law attorney, health law defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.Copyright © 2018 The Health Law Firm. All rights reserved.

By |2024-03-14T10:01:49-04:00May 15, 2018|Categories: Medical Education Law Blog|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Going to Take the USMLE Step Exams?  Beware of Actions That Can Be Called “Irregular Behavior”-Part 2 of 2
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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A.
The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.
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