Facts

Dr. Fu Nan Wang sued Drew University and the County of Los Angeles claiming that he was discriminated against based upon his race/national origin, disability and gender. He maintained 14 claims total, most of which were predicated on his allegation that the University wrongfully terminated his residency following an extended medical leave.

Dr. Wang was enrolled in the University's OB/GYN residency program. He received his clinical training at King/Drew Medical Center, which is owned and operated by the County of Los Angeles. During his residency, Dr. Wang exhibited extreme difficulty with communicating effectively with patients and staff. Satisfactory communication skills is one of six core competencies imposed by the Accreditation Council for Graduate Medical Education (ACGME). Staff at both the University and at outside rotations noted Dr. Wang's poor communications skills and its detrimental affect on patient care. Dr. Wang had practiced medicine in Taiwan for more than 20 years and was not accustomed to the criticism.

Consequently, he became very upset to the extent he claimed that he could no longer work or be in the residency program. After a second leave of absence which was extended for almost a full year, the University invited Dr. Wang to sit down with them and talk to them about what the University could do to assist Dr. Wang if he wished to return to the residency program.

Dr. Wang explained that his treating physician required the following criteria in order for him to return to the residency program: (1) No more than two to three hours per day of work; (2) no more than five days a week; (3) periodic breaks; (4) no on-call for more than three hours; (5) no stress; (6) no rushes; (7) no emergencies; and (8) no supervision by the Department Chair.

PLAINTIFF'S CONTENTIONS:

DEFENDANTS' CONTENTIONS:
The demands imposed by Dr. Wang were not conducive to the guidelines and standards of an academic institution that is committed to training doctors who provide quality healthcare - guidelines and standards that all residency programs across the nation are required to withhold pursuant to the ACGME.

The University could not possibly accommodate Dr. Wang's demands, especially given the nature of the OB/GYN residency program, and particularly, a program in a community where a significant number of high-risk patients are treated. His demands would have certainly placed those patients' lives and the lives of newborns in grave danger. As a result, the University had no choice but to dismiss Dr. Wang from its program.

Result

The jury found that first and foremost, the University was not an "employer" of Dr. Wang. Consequently, as a student resident (as opposed to an employee), Dr. Wang's employment-related claims did not apply to the University (i.e., discrimination, wrongful termination, etc.). Additionally, the jury agreed that the University and the County of Los Angeles were not liable for any of the claims asserted by Dr. Wang.

Deliberation

two days

Length

three weeks