Madura

Dr. Godwin Maduka appeals from the district court’s judgment dismissing his Second Amended Complaint with prejudice. We have jurisdiction over Maduka’s timely filed appeal pursuant to 28 U.S.C. § 1291 . We reverse.

I.

The following narrative is drawn primarily from Maduka’s complaint. Sunrise Hospital hired Maduka, an American of African ancestry, as an anesthesiologist in August 1997. Shortly after completing the hospital’s monitorship program, Maduka was involved in two incidents that prompted the revocation of his staff privileges.

On May 4, 1999, Maduka was administering anesthesia to a candidate for cardio-defíbrillator implant surgery. Maduka’s initial placement of a laryngeal mask airway was unsuccessful, as the blueish hue of the patient’s skin proved. Maduka attempted to insert an endotracheal tube, but soon needed to reintubate with a larger tube. The surgery was aborted, although Maduka’s complaint does not indicate why. The patient apparently did not suffer any neurological damage from a lack of oxygen, yet he subsequently died from an arrhythmia brought on by his cardiac condition.

Exactly one month after the first reintu-bation, another patient under…