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Doe v. University of Maryland Medical System Corp.


 The U.S. Court of Appeals, Fourth Circuit upheld a lower court decision that a former neurosurgical resident who was infected with the human immunodeficiency virus posed a significant risk to patients that could not be eliminated by reasonable accommodation, and thus was not an otherwise qualified individual with a disability under the Rehabilitation Act and the Americans with Disabilities Act (ADA). The court held that, even though there might presently be no documented case of surgeon-to-patient transmission, such transmission clearly was possible. Furthermore, the risk of percutaneous injury could never be eliminated through reasonable accommodation, even if the physician (Dr. Doe) took extra precautions, since such risks are intrinsic to the performance of neurosurgery. The court therefore ruled that the hospital did not violate the Rehabilitation Act or the ADA when it terminated Dr. Doe from its neurosurgery residency program after he refused alternative residencies.
