In 2021, Ascension Genesys Hospital terminated Nicole Walker from its residency program after she failed a required licensing exam for the second time.
This month, a state court jury in Michigan awarded Dr. Walker $10.3 million in damages because of that termination.
You might be asking, How can a student who twice failed a required licensing exam score such a huge verdict?
The answer appears to be that the hospital was the maker of its own demise.
Based on the limited information available about a state court trial, it appears that Dr. Walker was admitted to the hospital’s Obstetrics and Gynecology residency program in July 2019.
The terms of the program required all residents to pass the COMLEX Level 3 exam by December 2020.
But the COVID–19 pandemic prevented Dr. Walker from studying for, taking and, if necessary, retaking the exam during 2019 and most of 2020.
In September 2020, Dr. Walker took the exam and failed. As best as I can tell, those results were announced in November or December 2020.
Dr. Walker then asked for more time to retake the exam and was given a brief extension to January 2021.
The hospital knew Dr. Walker was pregnant and would be on maternity leave when she was expected to retake the exam in January.
Dr. Walker failed the test, and the hospital terminated her from the residency program.
It appears that the termination had nothing to do with Dr. Walker’s clinical abilities and was based solely on her failing the exam.
In June...
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