Little Health Law Blog
Our healthcare law firm works with many residents and other students who are facing discipline in their programs ranging from probation to termination and non-renewal of their residency contracts. A question that comes up is what residents can do when they have been notified of disciplinary measures from their residency programs. This blog covers three considerations that residents should account for when they are notified of disciplinary measures from their programs. If you need assistance responding to a disciplinary action from your residency program or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
First Consideration: Review Your Residency Handbook and Consider Legal Representation When You Have Been Put on Probation, Not Just When You Have Been Notified That Your Contract Has Been Terminated or Has Not Been Renewed.
Barring the most egregious actions that warrant immediate termination, most residents who are disciplined are put on probation to give themselves an opportunity to improve under supervision. Once you are put on probation, you should review your residency handbook to see what guidelines are required for when a resident is put on probation, such as scheduling weekly meetings with supervisors, performing certain tasks while on probation, and organizing feedback from attending physicians.
Additionally, we have seen countless times that residents who are put on probation are eventually notified that their residency contracts have been terminated or have not been renewed. Engaging legal counsel when you are put on probation can help advise you on what defenses you may have and what steps you can take to determine whether the program followed the proper procedures before putting you on probation. Legal counsel can also help you ensure the program is complying with its probation procedures and its due process policies while you are on probation.
Second Consideration: Review the Program’s Due Process Policy Immediately After You Have Been Notified that Your Residency Contract Has Not Been Renewed or Been Terminated.
Residency programs should have due process policies governing the proper procedures for programs to provide feedback and the steps to be taken before programs notify residents that their contracts have not been renewed or have been terminated. Due process policies normally allow residents to appeal terminations or non-renewals of their residency contracts, and you should read your program’s due process policy immediately after you have been told your contract has been terminated or has not been renewed to determine what rights you have to respond to a disciplinary action against you and what deadlines exist to respond to a disciplinary action.
Third Consideration: Review the ACGME Guidelines or the Applicable Governing Body’s Guidelines for Due Process Requirements for Programs as Potential Grounds for Appeal.
Governing bodies like the Accreditation Council for Graduate Medical Education (“ACGME”) for residents have guidelines that residency programs must implement to maintain their accreditation. The ACGME guidelines also provide certain requirements that residency programs need to include in their due process policies and in how attending physicians can provide feedback to residents. If a program fails to follow these guidelines, they can provide grounds on appeal that a resident’s due process rights have been violated.
If you need assistance responding to a disciplinary action from a residency program or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.