New York physician sues USMLE and FSMB over exam suspension


Judge Diane Gujarati of the U.S. District Court for the Eastern District of New York | U.S. Senate Judiciary Committee (Wikipedia Commons)

A New York-based physician is taking legal action against the United States Medical Licensing Examination (USMLE), Federation of State Medical Boards (FSMB), and National Board of Medical Examiners (NBME), claiming the organizations deprived him of procedural due process by suspending his eligibility to retake a licensing exam.

Nabil Abdulghani, MD, alleges that the defendants have hindered his ability to practice medicine. Dr. Abdulghani’s case centers on multiple attempts to pass Step 3 of the USMLE, most recently on May 5 and May 8, 2025. After receiving a failing score on May 21, he sought clarification from the defendants and received contradictory responses regarding his eligibility to retake the exam. He was ultimately told he was suspended for one year due to "anomalous performance," without a detailed explanation or an opportunity for appeal. Dr. Abdulghani asserts that this suspension lacks a defined appeal process and is based on unspecified grounds, violating his due process rights under the Fourteenth Amendment.

The plaintiff further claims the suspension affects his ability to obtain a medical license and practice despite meeting state requirements. He points to inconsistencies between statements by USMLE officials and FSMB policies in New York State, which he argues impede his professional progress and cause emotional distress.

Dr. Abdulghani seeks a declaration that the suspension is null and void, an order reinstating his eligibility to take Step 3, and an injunction preventing future suspensions based on unexplained performance issues. He also seeks compensatory damages for reputational, professional, and financial harm.

The plaintiff is representing himself pro se. The case was filed in the United States District Court for the Southern District of New York under Case No. 1:25-cv-04466-PK.

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