By Terrie Morgan-Besecker, Wilkes-Barre, Pa., Times Leader
Apr. 3–WILKES-BARRE — A federal jury began hearing testimony Monday in a case that pits a physician’s rights under the Americans with Disabilities Act against an area hospital’s responsibility to ensure patient safety.
Both sides in the case of Dr. Jonathan Haas versus the Wyoming Valley Health Care System agree Haas is an extremely intelligent and talented orthopedic surgeon. They also agree Haas has been diagnosed as suffering from bipolar disorder, a mental illness that can affect a person’s ability to think clearly and logically.
They disagree on how much that illness has impacted his ability to perform.
The case stems from the health care system’s refusal to reinstate Haas after he suffered a psychiatric episode while performing a total knee replacement at Wilkes-Barre General Hospital on May 23, 2001.
Haas obtained psychiatric help and the hospital agreed to reinstate him. But officials mandated that all his surgeries be supervised by a fellow board-certified orthopedic surgeon for at least six months.
Haas maintained his illness was under control, and that the hospital’s demands were impossible to meet. He filed suit in 2003, alleging the health care system violated his rights under the Americans with Disabilities Act.
The ADA requires an employer to provide a “reasonable accommodation” to employees who suffer from certain disabilities, including mental health problems. The health care system maintains this case falls within an exemption to the act, which states that accommodation does not have to be made if there is a “direct threat” to others.
In his opening statement, Haas’ attorney, Kim Borland of Wilkes-Barre, acknowledged Haas acted strangely during the surgery in question. But he said Haas completed the surgery without any intervention, with no harm to the patient.
Despite that, Borland said Haas realized he had a problem and opted to voluntarily relinquish his operating privileges so that he could seek mental health counseling.
“There was a significant issue. He had a problem. He recognized it and had the insight to say, ‘I’m temporarily not going to practice surgery,’ ” Borland said.
Haas obtained treatment and in November 2002 he was cleared to return to work without any restrictions by his treating psychiatrist. But the hospital continued to insist he be supervised, even though there was no medical evidence to support its contention that Haas was a danger.
Borland said Haas contacted numerous orthopedic surgeons, but none would agree. The hospital’s chief of surgery did offer to supervise him, but hospital officials rejected that because he was a general surgeon and did not have the expertise in orthopedic surgery.
“He was essentially banished (from working) in this community,” Borland said.
The hospital’s attorney, Phil Kircher of Philadelphia, maintains the facility’s actions were entirely reasonable given Haas’ history of mental illness, which Kircher said included at least two inpatient stays in mental health facilities prior to the 2001 incident. Haas also had a history of not taking medications to control his mental disorder, he said.
“This case can be summed up in two words: patient safety,” Kircher said. “The hospital did not want to expose a patient to a physician who ‘melted down,’ quite frankly, in the operating room.”
Kircher acknowledged the patient in that case was not harmed, but said it was a “miracle.”
Five witnesses will testify that Haas became disoriented during the surgery, forgot the names of certain instruments and at one point appeared to be talking to the wall, he said. Haas was only able to complete the surgery with the help of two others in the room, who “walked” him through it, step by step, Kircher said.
“It’s great that nothing happened, but that does not mean he was not a danger,” Kircher said.
Testimony will resume today in federal court in Wilkes-Barre before U.S. District Judge A. Richard Caputo.
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.
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Copyright (c) 2007, Wilkes-Barre, Pa., Times Leader
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