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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38103
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello, I am a 30 year old medical school applicant that

Resolved Question:

Hello,

I am a 30 year old medical school applicant that has a disability that is still very taboo to have as a practicing physician. Unfortunately, my undergraduate years were marred with withdrawals on my transcripts due to medical reasons. Part of the application process requires you to enter every class you have taken, the grades, and an explanation if necessary. Unfortunately, this has put me between a rock and a hard place, and I chose to do something that is considered ethical in the medical profession, and that is to be honest an open.

I graduated Magna Cum Laude, and got a 3.92 in my post bacc at NYU, as well as scoring in the 97% on the MCAT. I have been an EMT for 7 years, and am currently a researcher for Columbia. None of these previous positions has put me in the position where I would have to reveal my "disability" (which is not a disability as I require no accommodations), and I have excelled at everything I have done.

As it stands, I have not been offered a single interview at over 30 schools for which I have applied. I also have received zero correspondence from these schools. The application process is rolling, and I applied on the first day. I have to believe that there is discrimination bias against me, and that my rights to equal opportunity are being infringed upon.

My question is this... Should I not be offered a single interview, would I have the legal grounds to ask my universities to delete my medical withdrawals from my record so that I am not subjected to discrimination bias.

Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies to you on your situation. However as someone in the medical field, you are likely familiar, at least in passing, with HIPAA. HIPAA forbids destruction of medical information from your record, since you history cannot be modified. As for having the university formally evaluate you without this disability being taken into account, perhaps you may want to write to the school provost in each and every school that you were denied from, and ask him to investigate. Being denied if you are unfit is permitted, but being denied over a disability, regardless of how 'taboo', would violate the A.D.A. Furthermore, placing them on notice would potentially allow you greater opportunity should the schools decide to review their process and give you an another chance.

Good luck.

Customer: replied 1 year ago.

I am not asking about changing my medical record. I am asking if I have the grounds to ask the undergraduate institutions (this was from 2001-2004) to have my withdrawals removed as they force me to reveal my medical information to parties who are not in need of that information.


 


The purpose of this is so that should I not get accepted this year, I can apply again next year without having to disclose my personal medical history. And instead can focus on my achievements, and my qualifications rather than it turn in to a military tribunal. I feel that I am in a peculiar position where HIPPA doesn't protect me. Yet, it is not the admissions committees place to determine my medical history, that is for the office disability affairs. I have had medical clearance for years at some of the nations top hospitals. Its obvious that I am fit for this, yet I am put in a position where I am forced to incriminate myself. What can I do

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, T.

My apologies but you do not have strong grounds to ask the institutions to have the withdrawals removed. If they happened, for whatever reason, the school has the duty to disclose them. The only way to block this would be via court order, and while you can seek a judge to side with you and claim that the information is 'prejudicial' in some way, since that information arguably needs to be known by other schools, I do not really see that as working in your favor. Medical school especially is extremely physically grueling; if the school is aware of multiple withdrawals, it can affect their standing on granting you a chance, so they do have a right to know and then make a decision that is fully informed and not limited in nature. I would still suggest that you make this a more vocal application process, get the administrators involved, and get them to evaluate their own potential legal liability. That would bear more chance of success in this instance.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38103
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I don't see how my medical information from a decade ago is something they have a right to know. My track record has been flawless since taking care of myself. If I had cancer, I would be praised as a hero, but I have something where they look at me like a criminal.


 


Thank you for your time

Expert:  Dimitry K., Esq. replied 1 year ago.

T,

I do apologize but the schools would argue that they have a duty to know such information especially because medical school is physically challenging. They need to know that the person could reasonably be able to survive the pace and succeed.

Please be well.

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