Does the ADA Give a Surgeon the Right to Sit During Surgery?

Should a diabetic surgeon with a fractured foot be allowed to sit on a stool during a complex surgery? Not according to a South Carolina hospital. They dismissed Robert J. Robinson, MD, an experienced obstetrician, for sitting down while performing a complicated Caesarian that left his patient with a serious infection.

The doctor is suing St. Francis Xavier Hospital arguing that operating while sitting on a stool was a reasonable accommodation the hospital was required to provide under the Americans with Disabilities Act. According to the hospital, the ADA does not apply in this case because the doctor had privileges at the hospital but was not an employee.

Although the case is still pending, a federal judge has already refuted the hospital’s claim that the doctor’s non-employee status excludes him from reasonable accommodations under the ADA. The court must now determine whether it is reasonable to make an accommodation that could jeopardize patient safety.

Based on the accounts of several witnesses, the doctor’s seated position put him at a disadvantage to see the surgical site adequately, to handle the baby properly or to stop the patient’s hemorrhaging following the birth. 

To learn more, read the entire article.