Doctor sues UTMB for revoking surgical privileges

John Suayan, Galveston Bureau Aug. 6, 2011, 10:46am

GALVESTON - A local physician is suing the University of Texas Medical Branch, saying the school revoked his surgical privileges without cause.

Court papers filed July 25 in Galveston County District Court say UTMB stripped Dr. Stanley Allen of being able to perform orthopedic operations in August 2009, ending his 14 years of surgical service.

Allen's career spans 35 years dating back to his residency program with the defendant, the suit states.

He practiced privately in Snyder, Lubbock and Bardstown, Ky., before returning to UTMB in 1995 to assume his current position of assistant professor in the Department of Orthopedics and Rehabilitation.

The plaintiff also suffers from multiple sclerosis, which was diagnosed in 1983. According to his suit, the defendant informed him that he could no longer operate on patients though no reason was given.

The suit shows "without doing surgery, the plaintiff cannot earn incentive payments which are based on production" since UTMB told him his base salary will decrease.

Allen insists he has not had any complaints from patients and his reported condition has not hampered his ability to perform his assigned job functions.

UTMB made it clear that its decision to remove the complainant was based on its belief that he could not physically performed surgeries, the suit says.

The plaintiff acknowledges the day will come when he will not be able to operate, but argues for his employer "to invoke such action without such diminishment and/or harm analysis is in violation of (his) rights under the Americans with Disabilities Act and under the Rehabilitation Act."

His efforts to reinstate his surgical privileges were unsuccessful as the defendant reportedly offered him a position which he claims "was of little difference."

Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.

He is represented by attorney Anthony P. Griffin of Galveston.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 11-cv-1208

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