Residency

News in brief: Court upholds resident’s dismissal for unprofessional behavior

Residency Program Insider, August 11, 2009

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The North Dakota Supreme Court sided with the University of North Dakota School of Medicine in a resident dismissal case. A former resident sued the institution for breach of contract and violation of the Americans with Disabilities Act, according to an article from Court House News Service.

The resident, Sarmed Abdullah, was suspended after making a staff member feel “very frightened.” The program director stated Abdullah’s demonstrated unprofessional behavior because he did not disclose that he had failed in two previous residency programs and he initiated a home visit without proper supervision, according to the article.

Abdullah claimed that he suffered from sleep deprivation, and the university dismissed him because of that condition. Abdullah claimed this violated the Americans with Disabilities Act.

The North Dakota Supreme Court said University of North Dakota School of Medicine did not commit a breach of contract because there was enough evidence to show that Abdullah lacked professionalism. The judges also ruled that Abdullah’s sleep deprivation claim was not strong enough to show that sleep deprivation constituted a disability or that the university’s decision to dismiss him was based on his condition.



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