Pal v. New York University (Summary)

PHYSICIAN FELLOWSHIP TERMINATION

Pal v. New York University, No. 06 Civ. 5892(PAC)(FM) (S.D.N.Y. Jan. 25, 2010)

The United States District Court for the Southern District of New York denied New York University’s summary judgment motion pertaining to issues of liability for terminating a physician from a fellowship program in bariatric surgery. The physician had called a number of bariatric patients scheduled to have surgery the following week and informed them that NYU’s bariatric program was under review or investigation, that there had been a recent death, and that she had witnessed multiple complications. Upon discovering these actions, the physician’s supervisors did not immediately take action. After the physician subsequently expressed her concerns to the chair of NYU’s department of surgery, she was suspended and later terminated from the program. The physician argued that she was terminated in violation of state whistleblower law in retaliation for voicing her concerns regarding patient care. The district court denied summary judgment, holding that a genuine issue of fact still remained as to the reason for the physician’s termination. The court also denied NYU’s summary judgment motion concerning back pay, but granted summary judgment to NYU on the issue of front pay. NYU’s motion to strike the physician’s jury demand was also granted.