Physician's perceived disability no excuse for threatening patient care

In the Courts. By Miles J. Zaremski and Ila S. Rothschild, AMNews contributors. Jan. 15, 2001.

In September 2000, the 7th U.S. Circuit Court of Appeals decided that a medical center's decision to terminate a physician did not violate the Americans with Disability Act. The physician had claimed the medical center discriminated against her on the basis of a perceived disability of alcoholism, in violation of ADA.

The trial court, the U.S. District Court for the Northern District of Illinois, ruled in favor of the medical center. The physician turned to the Court of Appeals, which had to decide whether the physician failed to prove discrimination and also whether the medical center had violated the physician's employment contract.

Stephanie Bekker, MD, was discharged from Humana Health Plan Inc. following reports that she smelled of alcohol and exhibited other signs of alcohol use.

In 1995, after a patient reported that Dr. Bekker smelled of alcohol, the internal medicine specialist, at Humana 's request, agreed to undergo an independent clinical evaluation. That evaluation indicated problematic use of alcohol. One of those indicators was a report from a physician colleague who stated that he had smelled alcohol on Dr. Bekker's breath while she was working three or four times in the past five years and that two of these occasions had occurred during the previous four months.

Because of the finding of problematic alcohol usage, Dr. Bekker agreed to refrain from alcohol for one year and submit to random urine or blood alcohol testing. During the year, all the test results were negative. After the year ended, however, Dr. Bekker resumed social drinking. [...]