Residents files Federal Lawsuit against porgram

Discussion in 'General Residency Issues' started by DFMres, Dec 13, 2005.

  1. DFMres

    DFMres Junior Member

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    I have learned something recently that is rather troubling. It is about the Duke Family Medicine Program. Yes again. It is not my intent to slander the program but to present facts to applicants and potential applicants that I cannot share in person due to fear of retaliation from the Duke FM administration. I have learned that in November 2005 a former resident who has recently left Duke FM and is now at another Family Medicine Residency Program has filed a Federal Lawsuit against Duke University Health System for the way she was treated by the current division head of Family Medicine at Duke and a number of other individuals in the Family Medicine Department, the Duke GME office and the Duke Employee Health office. The lawsuit alleges the following:

    1. The plaintiff was demoted on the basis of a perceived learning disability.
    2. Failure to grant reasonable accommodations to plaintiff in violation of the Americans with Disabilities Act
    3. Demotion and Termination on account of her race in violation of Title VII of the Civil Rights act of 1964.
    4. Imposition of unequal terms and conditions of employment because of her race.
    5. State law breach of contract.

    This is public record and was filled at the Greensboro Federal Courthouse. If you would like you can call (336)-332-6000 and ask for case # 05CV00969. It is important to me that all applicants know the facts so that they can make an informed decision about all programs, not just Duke when making their rank lists. Don’t be afraid to ask the tough questions. Three years can be a long time if you are unhappy.

    Good luck to all in the upcoming match.
     
  2. Poety

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    I hope any one applying here calls to confirm this! :eek:
     
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  3. PatrickBateman

    PatrickBateman Senior Member
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    I don't get it. Was it the learning disability or the race issue? The racism angle seems a bit weak. They did hire her, after all. What "reasonable accomodations" was the resident asking for?
     
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  4. freshity

    freshity Senior Member
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    patrickbateman, do you know some more about the case, or did you just read the same posts i did? how can you comment on the merit of the case, race vs. anything?

    fyi, many many people are hired and then later discriminated against in the workplace, and win cases against their employers for such. there is no defense in the fact that they could not be mistreated "since they were hired in the first place."
     
  5. PatrickBateman

    PatrickBateman Senior Member
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    What I know is that we are all entitled to the same right to be considered innocent untill proven guilty. That includes residency programs. Accusation does not equal guilt.

    It's odd that the resident had issues with the program over a learning disability but claims to have been fired over race. While of course, neither I nor you know the facts of the case, one must always consider not only that the accusations may be true, but also the possibility that the charges of racism may be unjustified. To assume to know either way is simply wrong.
     
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  6. 8744

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    It is inconcievable to me that anyone at DFM was discriminated against because of race. I don't know the facts of the case and I'm neither sticking up for nor attacking anybody, I'm just saying that this sort of thing is almost impossible at Duke where, like most academic institutions we make something of a fetish over being sensitive to race.

    Learning disabilities? Who knows? I can't imagine anyone can get through medical school with a really serious learning disability but I am more than willing to be corrected on this.
     
  7. DFMres

    DFMres Junior Member

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    Would have to agree with Panda Bear if I did not know some of the facts and circumstances surrounding these allegations. Everyone must consider that there are inherent inequalities in status and power between medical supervisors and their trainees that, if abused, may adversely affect the educational experience of the trainee not to mention their overall health and wellbeing. No I am not a lawyer. I did go into medicine however like most of us because I like to help people and educate them about their medical problems, and of course to save lives and stomp out disease. Sometimes however certain people are in fact the disease.
     
  8. Orange Julius

    Orange Julius Senior Member
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    Of course you do. It's you, right? In any case tell us the story or just drop it. These generalities are not useful.
     
  9. Mirror Form

    Mirror Form Thyroid Storm
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    Learning disabilities . . . WTF!?!?!?!?!?!?!
     
  10. Docxter

    Docxter Senior Member
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    Though the discrimination allegations may be true, the more likely scenario is that they hired the person, and he/she just totally sucked as a resident in one way or the other and they got rid of him/her for the sake of the program and/or patients. Whenever a resident is fired, these allegations of unfair treatment, etc. comes up. Not that they don't happen, but the majority of times it's the resident's fault. None of these residents who get fired will tell you, "Yeah, they kicked me out because I'm a sociopath, incompetent, lazy, dangerous, ... (insert anything you want)."

    On the other hand there are a few that due to personal/family reasons can't function and program directors are often understanding of those situations. Some will accomodate the resident for some time, give paid/unpaid time off, etc. But, there will be a limit on how much a resident can be accomodated/tolerated.
     
  11. ORBITAL BEBOP

    ORBITAL BEBOP Senior Member
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    Do any of these cases win money or do they end up in the same residency program where the faculty already doesnt like them? It seems to be an uphill battle to end up in the same program.

    Isnt it better to ditch the lawsuit, go peacefully and just apply for some other residency? She must have consulted a lawyer and that costs money too. I think it is very hard to prove these kind of cases.

    Can a resident collect unemployment?

    FZISHN
     
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  12. southerndoc

    southerndoc life is good
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    There's one thing I've learned. If you're not white and don't get your way, you can claim it's racism.

    This may piss people off, but it's the truth. Slow to respond to Katrina? It's racism. Black female gets fired from a job in Massachusetts? It's racism. White cop pulls over a Puerto Rican male driving 30 mph over the speed limit? It's racism.
     
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  13. Fantasy Sports

    Fantasy Sports Senior Member
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    OK SOUTHERNdoc. Race relations are fine and dandy down here. There is no institutional racism down here, it's all on "them" SOUTHERNdoc :laugh: :laugh:
     
  14. Tone2002

    Tone2002 Senior Member
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    Thank you! What an idiot. :laugh:
     
  15. southerndoc

    southerndoc life is good
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    Easy Tone, don't make me have to give you a warning. Not nice to call a moderator an idiot.

    I doubt there is any credibility to the racism charge. Why would they hire this resident only to discriminate later?
     
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  16. ORBITAL BEBOP

    ORBITAL BEBOP Senior Member
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  17. Orange Julius

    Orange Julius Senior Member
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  18. Orange Julius

    Orange Julius Senior Member
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  19. Poety

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    southern, maybe it was a different faculty member that is racist or something? perhaps not one that was involved in the hiring :confused:
     
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  20. Apollyon

    Apollyon Screw the GST
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    That smacks of abuse of power. Much more withering, abusive attacks have been levied at members that are NOT moderators, without any repercussions.

    Notwithstanding what you originally wrote, I think that the invective thrown at you was due to what you did write, and not for your standing as a moderator.
     
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  21. southerndoc

    southerndoc life is good
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    I was only teasing.

    I do stand by what I wrote originally though. The race card gets played way too often.
     
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  22. DropkickMurphy

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    Basically she couldn't hack it and she wanted someone else to blame. End of story. There are certain things- medicine being one of them- that shouldn't have learning disabilities "accomodated" for. How is this girl going to function as an independent practitioner if she can't hack it in the relatively supported environment of a residency.
     
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  23. VAGINISMUS

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    If it happened to an occasional resident from time to time or to a resident that truly deserved it that would be true. When residents are disappearing around you left and right the problem might not be with the residents.
     
  24. robotsonic

    robotsonic Senior Member
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    Sometimes spotting a troll is just too easy.

    Then again, AngryTesticle is a genuine poster.
     
  25. mosche

    mosche Senior Member
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    I have one question:

    Why do these threads keep appearing from persons who are new to SDN? I mean everyone of these "Duke FM sucks" threads is from a new member. From the looks of things, people are leaving the program because they are overstaffed!
     
  26. southerndoc

    southerndoc life is good
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    Most people do not realize that SDN can identify individual users with a little effort.

    First you obtain the IP address of the person making a post, then you contact the ISP the individual is using and figure out who has the account.

    So, before these new posters make anything libelous, it would be wise to know that under a subpoena, SDN can identify individuals for possible legal action.
     
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  27. mosche

    mosche Senior Member
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    But since they're all leaving Duke, they will be invinceable <<<SARCASM>>>. :horns: :horns:
     
  28. Fantasy Sports

    Fantasy Sports Senior Member
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    We dont know the facts though. I do agree we should give the program the benefit of the doubt, especially since the members posting about it are new and quite possibly the same person.

    That said, I am equally unwilling to dismiss complaints of racism on those same grounds. A lot of things that white people interpret as "only teasing" are actually quite offensive to others. I mean, think about it, the most offensive thing happening to white christian people now is that people are wishing them "Happy Holidays." And look at all the crap going on surrounding that with people claiming oppression etc. Black people experienced real oppression which only started subsiding less than a quarter century ago-- and its after-effects remain. If you have lived in the south for any period of time, you would see this.

    Im not saying that Duke Family was racist, Im not even saying I trust the poster, but what I am saying is that to view the complaints as simply "playing the race card" without knowing the facts is straight up racist in the worst way possible. You can at least identify KKK members because they are up-front about it. What you can't identify are seemingly normal white people who could care less what happened to anyone else in the past or the social effects of these events on the present and future.
     
  29. Poety

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    I think often times it takes one to live the life of a minority to know what that means. ie try walking a day in someones shoes who is Jewish, AA, Hispanic, Foreign, or Native American - and then tell me racism doesn't exist -
    and I'm not saying its constant throughout a day, or even as frequent as weekly - but boy when you are subject to racism, you know it - and its damaging.

    For anyone who has never had such a pleasure <sarcastic> imagine what it felt like when you were a kid and had a whole bunch of people picking on you for whatever reason - no, its not the same thing - but its that same "feeling"

    Feels like shyte doesn't it?
     
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  30. FOREAL

    FOREAL Junior Member
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    Fantasy,

    I think your comment was well written and definitely needed to be heard.
     
  31. southerndoc

    southerndoc life is good
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    I would never live in the South!

    I have never seen so much racism as when I moved to Connecticut. It's mainly directed at the Puerto Rican population, but some blacks also experience racism up here. More than what I've seen in the South, that's for sure.
     
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  32. Poety

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    :eek: Whats wrong with the the south? :scared:
     
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  33. Doctor&Geek

    Doctor&Geek 25 > 5 / 15 < 8
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    Should I mention it? That there's more than one person associated (or formerly associated) with Duke FM on this thread?
     
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  34. 3dtp

    3dtp Senior Member
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    I know someone in this same situation. Dropped out of high school, decided to go back, completed, then went to college, graduated near the top of class and went to med school, graduated near the top again. In residency went to a malignant program, ran afoul of the PD who sent him (and everyone else who crossed) to a psychiatrist and lo and behold, he had adult ADD. The PD LOR said that he was terminated due to ADD, he was a good doc, just not here, and he could never be evaluated fairly even if he did improve, so good by.

    Also, there's a Harvard Psychiatrist who has pretty severe ADD, and I've seen surgeons with ADD who are so severely focused that all else is neglected.

    In litigation, they throw in the kitchen sink and hope something sticks.
     
  35. VAGINISMUS

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    Very True

    A PD can make or break you depending on your interaction with them. If you cross them Your life can be ruined. It’s a shame there is no form of checks and balances to keep some PD's consistent, fair, unbiased, objective and not to engage in double standards.
     
  36. Sebastian.

    Sebastian. Member
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  37. toofache32

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    Good idea. Maybe that's a good excuse to try on some women's underwear....again.
     
  38. Poety

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    :laugh: :laugh: :laugh:
     
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  39. MD'05

    MD'05 Money Hungry Pervert
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    For the same reason that medical schools admit black students with inadequate preparation: so that when that person fails, the administration can say, "I told you so".
     
  40. Poety

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    oy :thumbdown: :eek:
     
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  41. mackie

    mackie Senior Member
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    Are you for real? Please tell me you're smarter than this. :rolleyes:
     
  42. FOREAL

    FOREAL Junior Member
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    This comment is not surprising, instead its scary (not for me but for patients)
    I guess a susposedly 'intelligent' physician who is frothing at the mouth with ignorant comments makes me feel at much more at ease.
     
  43. LADoc00

    LADoc00 Gen X, the last great generation
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    Exactly, let me paraphrase this: She is an idiot, someone slipped through what probably was a subpar med school and matched into the easiest field there is. Upon arriving, they realized this and canned her. Hello, this happens EVERY DAMN day in residency programs. Why is this news???

    I bet the PD at Duke took a crap this morning too, is that gonna prevent you applying there?? Just curious.
     
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  44. 8744

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    Ouch. That left a mark.
     
  45. 8744

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    ...Raises hand sheepishly...
     
  46. ORBITAL BEBOP

    ORBITAL BEBOP Senior Member
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    What does the ex-resident have to gain from this suit? The lawyer is costing her plenty.

    She already has a new residency. What's the point of still fighting?
     
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  47. Sebastian.

    Sebastian. Member
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  48. MD'05

    MD'05 Money Hungry Pervert
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    You don't think this really happens? Open your eyes oh blind one.
     
  49. MD'05

    MD'05 Money Hungry Pervert
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    I've seen this happen before too. It only makes sense. Someone interviews well and has a solid application on paper, but turns out to be a complete idiot. PDs have an obligation to society to prevent this person from causing harm inadvertently.

    Just because you match doesn't mean you can suddenly slack.
     
  50. VAGINISMUS

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    Yea but that assumes that the person who is making these decisions is themselves not an idiot and is fair and honest. Just because someone is your Boss in any field or a PD in residency doesn’t mean they are honest and fair. In some places they engage in questionable administrative practices, malicious behavior, revenge, harassment and blatantly rub double standards in your face on a daily basis.
     

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