Longtime surgeon sues Mount Nittany, alleges his firing was based on ‘unfounded fear’
A longtime surgeon who worked at Mount Nittany Medical Center filed a federal lawsuit Friday that alleged his firing was based on unfounded concerns about his health rather than medical evidence.
Dr. Yi Kao, 70, alleged Mount Nittany’s decision-makers eschewed the advice of three doctors who said Kao was capable of fulfilling his job and instead relied on an opinion from a doctor who neither examined nor spoke with him.
Kao, of Centre County, was terminated in June. He had surgical privileges at Mount Nittany Medical Center since 1992 and was hired by Mount Nittany Physician’s Group in October 2020 after previously working in private practice.
Mount Nittany Health, which does not typically comment on pending litigation, declined comment Monday through a spokesperson.
Mount Nittany Physicians Group’s decision to terminate him was “based on unfounded fear and prejudice — not medical evidence,” attorney Maggie S. Coleman wrote Monday in a statement. “This was a disservice not only to Dr. Kao, but to his patients and to the State College community.”
Kao, an otolaryngologist, has a medical condition that limits his peripheral vision but does not affect his central vision, Coleman wrote in the 11-page lawsuit. He’s had the condition for at least 30 years and it has not changed during that time, the lawsuit read.
He exclusively performed surgeries that required a limited field of vision and, according to the suit, it has “never affected his ability to perform surgeries or any other essential function of his position.”
Mount Nittany Medical Center received a subpoena from the state board of medicine in January 2023; the lawsuit did not specify what information was contained in the subpoena, other than it concerned Kao.
One staff member, according to the suit, said Kao’s hands trembled during procedures. They also quoted Kao as saying his “old eyes can’t see well anymore.”
Kao’s lawsuit said he was placed on an involuntary, unpaid leave of absence in violation of his employment agreement.
Evaluations of his health followed, including by two ophthalmologists who provided reports that said they believe Kao should be capable of performing his surgical procedures. An otolaryngologist who performs similar surgeries to Kao agreed.
A neurotologist who neither examined, spoke nor observed Kao wrote in a letter he believed it would be “difficult for any surgeon to meet quality standards and independently perform surgical procedures safely,” according to Kao’s lawsuit.
Mount Nittany told Kao in March he represented a “fundamental risk to patient safety,” according to the lawsuit. Kao alleged he was fired based on a provision in his contract that called for the agreement to automatically fire if he became permanently disabled.
His lawsuit alleged Mount Nittany violated the federal law that prohibits discrimination on the basis of disability. Kao also alleged a breach of contract, violation of state wage laws and more.
He’s seeking compensatory and punitive damages, as well as attorney’s fees. A case management conference has not yet been scheduled.