A surgeon alleges he was fired from his position with Mount Nittany Physician Group last year because of unfounded concerns about his medical condition.
Dr. Yi Kao filed a federal lawsuit last week claiming the Physician Group and Mount Nittany Medical Center violated the Americans with Disabilities Act and breached his contract when his employment was terminated on June 28, 2023.
Kao, an otolaryngologist (ear, nose and throat surgeon), held surgical privileges at the medical center since 1992 and was hired by the physician group in October 2020.
The 70-year-old has long had “a medical condition which limits his peripheral vision but does not affect his central vision,” attorney Margaret Coleman wrote. Kao has had the condition for 30 to 40 years and it has not deteriorated, according to the filing.
Kao performs surgeries that require a limited field of vision and his condition has not affected his ability to do so or perform any other function of his job, Coleman wrote.
In January 2023, Mount Nittany Medical Center received a subpoena regarding Kao from the State Board of Medicine, the specifics of which are not detailed in the lawsuit, and the Physician Group proceeded to interview staff members. One staff member reported that Kao’s hands trembled during procedures and that Kao stated his “old eyes can’t see well anymore.”
After he was placed on involuntary unpaid leave, a functional capacity exam concluded that Kao “demonstrated the ability to return to full duty work.” Two ophthalmologists evaluated Kao and reported that his vision condition would not affect his ability to perform the surgeries in which he specialized, according to the filing.
Another otolaryngologist who performs the same surgeries as Kao also agreed that, because of the small operating field, Kao should be able to continue performing the procedures, Coleman wrote.
The Physician Group reinstated Kao for five days in February, but placed him on unpaid leave again after he refused to “temporarily” relinquish his surgical privileges, according to the lawsuit.
On Feb. 15, Mount Nittany obtained a letter from a neurotologist who does not perform the same procedures as Kao and did not evaluate or speak with him, Coleman wrote. The neurotologist wrote in his “personal opinions and observations,” that there have been no concerns or complications resulting from Kao’s vision condition but “given Dr. Kao’s level of disability, it would be difficult for any surgeon to meet quality standards and independently perform surgical procedures safely.”
Mount Nittany then placed Kao on six-month medical leave based on the conclusion that was unable “to perform the essential functions of his position,” and informed him that his condition represented a “fundamental risk to patient safety,” according to the filing. The medical center subsequently suspended his surgical privileges.
Kao says he and his attorney attempted to negotiate a return to work, but he was ultimately fired based on a provision in his contract that the agreement would be terminated if he became permanently disabled, according to the lawsuit. He alleges that Mount Nittany had already determined that performing surgeries was essential to his position and he could not be accommodated through a non-surgical practice.
“Dr. Kao attempted in good faith to resolve Defendants’ (unfounded) concerns regarding his ability to perform his position safely,” Coleman wrote. “However, Defendants improperly conditioned his return to work on his agreement not to perform procedures which he is fully capable of performing without accommodation. To the extent that Dr. Kao requires an accommodation to perform the essential functions of his position, Defendants failed to engage in good faith in the interactive process to identify such an accommodation.”
Kao is seeking unspecified compensatory and punitive damages, as well as attorney fees.
