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Q: graduate medical education COUNSELING OR LEGAL help ( Answered,   0 Comments )
Question  
Subject: graduate medical education COUNSELING OR LEGAL help
Category: Reference, Education and News > Job and Careers
Asked by: doctorchou2-ga
List Price: $80.00
Posted: 20 Aug 2005 19:49 PDT
Expires: 19 Sep 2005 19:49 PDT
Question ID: 558223
Are there any academic counselors or lawyers who specialize in helping
physicians with special circumstances succeed in graduate medical
education in Arkansas?  By succeed, I mean to help one graduate from residency,
using every available legal or alternative stragedies to persuade the
administration of his department to help him do this.

This is in regards to someone in his last year of residency. 
Specifically, this physician may not graduate his residency training
because he receives poor evaluations because he may have difficulty
with social interactions, a mild sort of disability.  I am looking for
a person who could work with him to present valid reasons to his
administration why he should not be dismissed and should receive
special training.  This would be as if this physician in training has
a learning disability and needs special support from his
administration.
Answer  
Subject: Re: graduate medical education COUNSELING OR LEGAL help
Answered By: politicalguru-ga on 22 Aug 2005 18:50 PDT
 
Dear Doctor Chou, 

Before I begin to answer my question, which includes mostly contact
details of relevant people who might be able to help you, I'd like to
refer you to the disclaimer: "Answers and comments provided on Google
Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax,
legal, investment, accounting, or other professional advice. Google
does not endorse, and expressly disclaims liability for any product,
manufacturer, distributor, service or service provider mentioned or
any opinion expressed in answers or comments.".

This is not an easy case, because of several reasons. First of all,
the physician involved has to prove that this type termination is due
to his or her communication problems, and that these problems could be
considered a "disability" (or a similar condition) under the Americans
with Disabilities Act. The school and the hospital have a case to
claim that they haven't been notified of this condition; that this
condition could not be considered a disability (or similar case of
discrimination); and that the physician invovled is incompetent (of
this or other reasons). Naturally, the physician in question must
expect every negative aspect of his or her conduct to be presented by
the other side. It might be claimed - and the physician would have to
deal with that - that he or she tries to "blackmail" the system, using
judicial means.

"A post-secondary school or organization cannot be held responsible
for failing to make accommodations for an applicant or student with a
disability if the individual does not disclose his or her disability
and ask for assistance. The disclosure and request does not need to be
in writing. However, notice should be given to an appropriate
professional such as the institution's ADA/Section 504 coordinator, an
appropriate dean, faculty advisor, professor, or the office of
Disability Support Services. Notice should be given to allow
sufficient time for the school or organization to evaluate the request
and offer necessary accommodations. If a student is being assessed to
determine eligibility as an individual with disabilities under Section
504 or the ADA, the school must provide the student with academic
adjustments until the evaluation is completed.

Applicant or student identification of a disability (in itself) is not
enough to warrant accommodations or modifications. An applicant or
student must provide documentation of a disability and request an
accommodation or modification."
(SOURCE: Higher Education Manual for Students with Disabilities,
<http://www.ndpanda.org/products/hied2/ch_3.html#Notice_of_Disability>).

And: 

"The discussion of the concept of ?reasonable accommodations? by the
First Circuit in Wynne v. Tufts University School of Medicine 31 is
also important. Wynne involved the issue of ?reasonable
accommodations? under  504 in the academic context when a student
with significant learning disabilities sued his medical school for
refusing to accommodate his disabilities by providing multiple choice
tests in an alternative format. Mr. Wynne lost because the
accommodation of his needs would have imposed an undue hardship on the
medical school by requiring it to lower its academic standards, thus
fundamentally altering the nature of the program.. The court stated
that in determining whether a student meets the ?otherwise qualified?
prong of  504, it is necessary to take into account the extent to
which reasonable modifications that will satisfy the legitimate
interests of both the school and the student are (or are not)
available. If they are available, the college must explore those
alternatives, and must demonstrate that alternative means, their
feasibility, cost, and effect on the academic program were considered.
If the college
then arrives at a rationally justifiable conclusion that the available
alternatives would result in lowering the academic standards or
requiring substantial program alteration, it will be deemed to have
met its obligation to seek reasonable accommodation." (SOURCE: Ranko
Shiraki Oliver, "Overview of Federal Laws Protecting Students with
Disabilities in Colleges and Universities" ,
<http://www.okstate.edu/ucs/stdis/madtools/print/pdf/overview.pdf>).

Both of these do not come to discourage you, but to show you want
hardships might come in the future.

This is also not such a common case. After all, the condition, as you
describe it, is not "automatically" seen as a disability, requiring
perhaps special consideration. Therefore, the listed lawyers have
dealt with general similar cases in the State of Arkansas, but from
the lack of an identical case, one cannot be sure that they could
handle such a case.

Friday, Eldredge & Clark, LLP, is probably one of your best choices.
It is a firm that specialises in "Physician and other health
professional licensing, privilege, credentialing, disciplinary and
regulatory proceedings" and also in cases of employment
discrimination.
Friday, Eldredge & Clark, LLP
<http://www.fridayfirm.com/> 
Friday, Eldredge & Clark, LLP
Attorneys at Law
400 West Capitol, Suite 2000
Little Rock, Arkansas 72201
Telephone:  501-376-2011                       Fax:  501-376-2147 
(The firm also has offices in Fayetteville and in Blytheville 

Other possible firms, also dealing with questions of employment
discrimination, are:

Dunn, Nutter & Morgan 
<http://www.dnmlawfirm.com/> 
Dunn, Nutter & Morgan, LLP
Attorneys at Law
Suite 6, State Line Plaza, Box 8030
Texarkana, Arkansas 71854
Phone (870) 773-5651
Fax (870) 772-2037

Eubanks, Baker and Schultze
<http://www.ebsinjurylaw.com/> 
Little Rock, Arkansas
620 West Third Street, Suite 100 (Pulaski County)
Little Rock, Arkansas 72201
Telephone: 501-537-1000; 1-866-537-1010   
Fax: 501-537-1001; 501-537-1023

Hope Fuqua & Campbell, P.A.
425 West Capitol Ave., Suite 400
Little Rock, Arkansas 72201
phone:  501.372.4144
email:  info@hfc-law.com
<http://www.hfc-law.com/> 

Vickery & Carroll, PLC
315 East Main Street
El Dorado, AR 71730	
Phone: (870) 862-5565
Fax: (870) 863-5889
<http://www.southarklaw.com/> 

Davis, Wright, Clark, Butt & Carithers, PLC
P. O. Box 1688 
19 East Mountain Street 
Fayetteville, Arkansas 72702-1688 
Telephone: 479/521-7600 
Facsimile: 479/521-7661 
E-MAIL: daviswright@daviswrightlaw.com
<http://www.daviswrightlaw.com/> 

Barrett and Deacon 
Union Planters Bank Building
300 South Church Street
Third Floor
PO Box 1700
Jonesboro, Arkansas 72403

I hope this answers your question. Please contact me if you need any
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