Kentucky judge said UK cancer expert can return to job

The University of Kentucky denied care to UK HealthCare patients by wrongly removing a thyroid cancer physician from the campus because of his autism, a Fayette County circuit judge ruled this week.

“The Plaintiff is an expert; patients went to him because of his reputation,” said the October 2 ruling by Fayette Circuit Judge Julie Muth Goodman that returned physician Kenneth Ain to work. “The care that they sought is being denied to them primarily because of his autism, not for issues related to Plaintiff’s medical treatment of patients, and can result in irreparable harm unless the Plaintiff is permitted to provide continuation of treatment.”

University officials have in the past said Ain was not suspended but reassigned to his home, Ain’s attorney James Morris said. He was removed from university grounds, facilities and patient care.

Ain filed a lawsuit on September 20 against the University of Kentucky.

In a September 28 hearing, Goodman said there were no complaints regarding Ain’s patient care.

There were no allegations from UK that required removing Ain from patient care or that indicated his actions were detrimental to patients, Goodman said.

Morris told the Herald-Leader WednesdayAin had been removed from the university since August 23 without any indication as to why, “until the University admitted during the … hearing that it was some sort of vague reference to his autism ‘behavior’ with supposedly using a curse word.

“We still have never received any indication … in the past six weeks. No formal notice of the allegation, no formal notice of any effort to investigate, just the University admitting that it was related to his autism, and that they had isolated him six years ago because of that autism — and yet he successfully treats, and sees, over 2,000 patients each year and is the University’s leading expert on thyroid cancer treatment,” said Morris.

UK will comply with Goodman’s order, university spokesperson Jay Blanton said Wednesday.

“We are aware of the litigation and will, as always, comply with any decisions of the court. The peer review process — where physicians evaluate the work of their fellow doctors — is an important and longstanding practice that is only initiated after careful and considerable thought. The commitment of UK HealthCare, in everything that we do, is to provide the best advanced care in the state to our patients,” Blanton said.

In the September 28 hearing, Goodman said UK had put Ain, as he worked, in a “silo” and a “bubble” since 2017. One of the UK physicians who testified at the hearing acknowledged he communicated infrequently with Ain because of his disability.

Goodman ordered that Ain be allowed to resume his previous position as the treating physician of his patients in the UK thyroid cancer clinic.

Despite presenting three witnesses, UK officials could not show Ain would “endanger the welfare of his extremely ill patients who have come to him as a leading expert in the field of aggressive thyroid cancer,” Goodman’s order said. “Instead, the testimony revealed that the basis for Plaintiff’s removal revolved around hearsay involving alleged negative comments about the Plaintiff’s personality and language. The testimony further revealed that the University had dealt with Plaintiff’s autism disorder by isolating him to work alone with only a nurse practitioner.”

Morris said he was pleased the judge placed patients’ needs first. He said he “was very disappointed in the University’s disability discrimination,” but was pleased it acknowledged that its actions were the result of Ain’s disability, and not related to any patient care concerns.

“Dr. Ain is looking forward to treating his thyroid cancer patients, and attempting to rectify any gaps or errors in treatment caused by the University’s improper interference,” Morris said.

Seriously ill patients’ rights have been impacted by depriving them from being able to be treated by Ain, Goodman ruled. Ain has been mandated to do his work alone, “and he alone sees these patients on a regular basis,” her ruling said.

The lawsuit and the university’s investigation of Ain will continue, according to testimony at the hearing.