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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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My son is a 4th year medical student attending St. George's

Customer Question

My son is a 4th year medical student attending St. George's University Medical School. He is also a person with a learning difference who has worked very hard to be where he is today. Is it libel or slander when a medical resident who is supposed to review for a grade writes a review which is false which in turn produces a negative affect on your medical education record causing the medical school to expel you? If you are a student with a learning disability and were accepted to a medical school with theschool fully knowing of this learning disability is the school discriminating against you if they do not provide you with the written requirements submitted from your psychiatrist which were the accommodations they were to provide you because of this learning disability?
This has been a nightmare. The school has failed to adhere to their own judiciary procedures concerning my son. They have not transferred notice of his learning disabilities to the hospitals where he is completing his clinical rotations. He completed his first two years of basic sciences in Grenada. He was given the requested accommodations while there and successfully moved on to his clinical years. St. George's University Medical School failed to inform the NY portion of the medical school that Alex was in need of certain accommodations. Alex has ADHD since childhood, received accommodations throughout his high school and undergraduate years as well as being accepted to St. George's in a special Academic Enhancement Program. The department of educational services in Grenada did not inform the NY department of educational services that Alex required accommodations.
Alex's first rotation was at Lutheran Hospital in Brooklyn. He was to complete all of his clinical rotations at Lutheran. This is where his problems began. Although Alex was given a syllabus to follow he had some difficulties with being given opportunities to
develop the clinical skills that are supposed to be nourished at the third year level. He was on a team of students. He would be given one student while his fellow third year students were given 3 or 4 students. Alex felt that he was not given the same opportunity to learn. He went to his preceptor and told her what was happening. She
told him she would speak to the resident. There were many occasions that this particular resident tried to harass Alex. An example being they were in a delivery and a baby had been delivered. It was a boy and he was prepped for a circumcision. The baby was crying and Alex observed there was alot of blood! Alex mentioned something " Poor guy this must be really painful." The resident said to Alex- does this make you nervous Alex and laughed? Alex felt that he was being singled out. This same resident refused to explain to him how fetal monitoring worked. She told him it was too complicated. He left and went to the Operating room for a surgery to observe. The surgery was quick and when he returned there was the same resident explaining to his peers how to interpret fetal monitoring! Alex again complained to his preceptor but nothing changed. Alex is very impulsive which is part of his ADHD. . He went to the administration and asked if he could file a complaint! He was told to speak to Ms. Laura Alfredo. Alex did not realize that she was the hospital attorney! He told her he was being harassed by this resident. This caused a big problem for Alex and he was called into the assistant Dean of Students in the Bronx. Alex was told he caused an administrative headache and that he had gone to to high of a power. In retaliation the school and the hospital removed Alex from Lutheran Hospital stating that he was unprofessional! This discussion with the assistant Dean of Students was to be held the day of Alex's oral exam which was Nov 5, 2015. On Nov 6 Alex was to hand in all of his student ids and hospital badges. He was
told by the Dean that he was unprofessional because he did NOT turn his id badge and id into the medical student education department on time! This was told to Alex the day before he was removed from Lutheran Hospital.
Alex then moved on to Brooklyn Hospital for his Pediatric Core rotation. There were other incidents which transpired and Alex was called into the Dean of Clinical Education where he was told by the Dean that " I don't care if you take medicine for ADHD! I have ADHD and I dont take anything!" He was also told that "if you cant figure out what's wrong with you than I would get a gun and shoot myself."
There have been numerous statements about Alex which were highly slanderous and misleading and seemed to follow him wherever he went. He has suffered tremendous anxiety. There are many more things to discuss but this is the gist of what has occurred.
In March of 2015 Alex was dismissed from SGU and was not given an opportunity to refute his case. The school did NOT follow their own Clinical Manual and sought to dismiss him.
Submitted: 12 days ago.
Category: Employment Law
Expert:  P. Simmons replied 12 days ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 12 days ago.

I am sorry for this dilemma. But not sure I understand your specific question.

Are you asking what is required to sue for defamation of character?

Customer: replied 12 days ago.
I think Philip this is a two fold problem. One is SGU is not providing the requested accommodations for Alex to be successful. Second, the evaluation process which is subjective allows for a resident to write whatever they want. Alex's last review which came a month after he completed his other rotation stated many falsehoods. It said that he was always arguing with his classmates and he did nOT as evidenced by his I phone messages. It said that he refused to give a resident his phone number but he has several texts from that resident. These evaluatiions have lead to his dismissal from school for being unprofessional! Alex has a debt of over $350,000 for his medical education. He has jumped through many hoops to get to be a 4th year resident. If you read the individual evaluations none of the evaluators state that there was a problem nor did they say he acted unprofessional. I am looking for an attorney in the NY area who has experience in education law particularily with students with disabilities as well as slander. The evaluations are total lies of Alex's interpersonal skills which have lead to his dismissal. He has appealed the dismissal and we are waiting for the school's reply. Alex has never failed anything in his life academically. By receiving a "F on his last two rotations the school can dismiss him. Alex wants remediation as he feels that they discriminated against him because of his ADHD. There are numerous statements stating that "Alex needs to focus." They have stated that he is not able to process quickly. There have been so many issues and I am not the best at explaining all of them; they seem to run together. Alex does have a case and he wants to finish what he has started. He feels that even if the school allows him to return how can he prevent this from happening again? This has caused all of us so much stress, aggravation, and money! I can forward the documents if you believe you can help him achieve what he wants.
Expert:  P. Simmons replied 12 days ago.

I am not located in NY...I will opt out in the event another expert may be

Customer: replied 12 days ago.
Thank you. I am looking for someone in NY.

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