When 'Reasonable Accommodations' May Be Unsafe

Law360, New York (April 3, 2008, 12:00 AM EDT) -- Recent court decisions in favor of impaired doctors who challenged the denial of hospital privileges under the Americans With Disabilities Act could place hospitals in a double bind between protecting patients' safety and health care practitioners' rights, says David E. Loder of Duane Morris LLP.

When patients seek treatment at hospitals, they trust that their physicians will be healthy and competent. In fact, most state courts have now recognized an independent cause of action for negligently credentialing impaired physicians.

However, there is a disturbing trend developing...
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