Orthopedic Surgeon With Bipolar Disorder Was Not "Otherwise Qualified" For His Position
In
this case, the United States District Court held that an
orthopedic surgeon who had bipolar disorder was a direct threat to patients, and
thus was not "otherwise qualified" for his position as a staff surgeon under the
Rehabilitation Act or the Americans with Disabilities Act (ADA). Although no
harm resulted to a patient when the surgeon had a psychotic episode in the
operating room, the testimony of health care professionals indicated that such
an episode could occur again. Furthermore, the oversight of a supervising
general surgeon would not be a reasonable accommodation.
Haas v. Wyoming Valley Health Care System