What Are My Options If I’ve Been Wrongfully Terminated from my Hospital Residency Program?
If you are discharged from a medical residency program it is important to examine the language contained in the hospital policies and procedure manual. In the manual it will explain the procedure for internal disciplinary action taken against hospital staff, which may require a mandatory board hearing depending on the alleged infraction. Prior to the board hearing, a neutral intermediary may be utilized so that direct communication between the hospital and the resident is limited. The disciplinary board may be comprised of a three-person panel where you can choose to present your defense. I would advise against signing any documents presented to you by the hospital after you have received written notice of the disciplinary hearing until you have spoken to an attorney with experience in health and employment law. The manual will state how many days the panel has to render its final decision regarding your status in the hospital residency program, and the method by which the panel used to render the final decision. There will also be a procedure for filing a timely appeal should you choose to do so after an unsuccessful initial board hearing.
Suspension, Termination, or Resignation
The panel may recommend suspension or termination from the hospital residency program. The length of suspension will vary depending on the circumstances. A board’s decision to suspend or terminate a resident should be determined objectively but it’s difficult to refute the fact that there is a subjective component. This is why one resident who committed similar bad acts may only be suspended while another resident may be terminated. Hospitals have the authority here to make that determination and unless there is clear employment discrimination a court is unlikely to undermine and overthrow the hospital’s decision.
In some instances, I have witnessed the hospital allow the resident to voluntarily withdraw or resign from the residency program so that it doesn’t diminish their chances of gaining acceptance to another residency program. The thought of starting anew in a different residency program is chilling, but given the circumstances this could be your best option. You must decide whether you want to explain why you resign from the program or you can let your records speak for themselves. If you elect to be terminated from the program and subsequently apply for admission into a different program you will be required to submit your records from your previous residency program. Additionally, the hospital residency program may ask for references where the details of your departure may come to light. Further, the hospital manual should be examined alongside your hospital residency employment contract.
Arbitration, Lawsuit, or Administrative Complaint
Your residency employment contract will contain the terms and conditions of your employment during the residency program. The contract will most likely bind you to a mandatory arbitration in the event that a legal matter arises between you and the hospital. Hospitals prefer arbitration because:
They are usually less expensive; Parties can choose the arbitrator: Parties can choose the time and place of the arbitration; The proceedings are held privately behind closed doors; and Its outcome does not become part of the public record.
Arbitration is not held in court but in a court-like setting complete with discovery proceedings and an arbitrator acting as a judge. Additionally, the arbitration is resolved much faster since the parties don’t have to wait for availability on the court’s docket, which can take months before you are actually heard by a judge. Final judgment by an arbitrator is binding and very difficult to successfully appeal.
Depending on the reason why you were fired you may be able to file a complaint with the Accreditation Council for Graduate Medical Education (“ACGME”) which is an organization that in part, helps physicians in graduate medical education receive fair solutions to residency/fellowship education-related concerns and formal complaints. Most residency programs are accredited by the ACGME. The ACGME requires that residents have a right to present their defense before a board or panel. The ACGME’s Resident Services division does not adjudicate disputes between individual persons and residency/fellowship programs or sponsoring institutions. Resident Services does not address issues regarding matters of admission, appointment, contract, credit, discrimination, promotion, or dismissal of faculty members, residents or fellows.
As such, depending on the facts and circumstances I advise residents against filing a lawsuit against the hospital unless you are terminated for an illegal reason. Illegal reasons can include, but are not limited to, discrimination based on race, gender, sexual orientation, country of origin, nationality, or religion. You may make a claim alleging discrimination under Title VII of the Civil Rights Act of 1964 and breach of contract if the facts could support such a claim. In cases where residents have successfully won lawsuits against the hospital for discrimination they introduced ample evidence from which it could be concluded that they were unlawfully discriminated against. Residents may try to obtain evidence of the following:
(a) testimony or affidavit from doctors in a direct supervisory position to attest to the satisfactory nature of your work;
(b) evidence to rebut other supervisor’s negative evaluations of you – the resident;
(c) evidence of other residents with low test scores and unfavorable evaluations who have been allowed to continue in the program; and
(d) evidence that you were able to successfully complete the residency requirements since leaving the hospital.
In some jurisdictions, direct evidence of discrimination is not required. A plaintiff may entitled to rely on circumstantial evidence to convince the trier of fact that an employer’s explanation for his discharge is pretextual and that his discharge was more likely than not motivated by discriminatory intent. However, more of today’s courts are less likely to rule in a resident’s favor unless the resident can show direct evidence of discrimination. In Zaklama, M.D. v. Mt. Sinai Medical Center, 842 F.2d 291, 296 (11th Cir.1988), Dr. Zaklama was able to obtain evidence of a-d above, but it took approximately six years for the case to be fully adjudicated and a lot of money in legal fees.
能拜托你删除一下引用吗?谢谢
我们那里有个ER做了一年residency退出来,重新申请去了occupational medicine
你是女生我们知道,但白女就算打了报告上级也不可能就按这个采纳。肯定也是你其他方面做得不好,或者上级也觉得你不好。
可以的,现在才看到,对不起
所以你上面这段话是说大家开会讨论时,你在玩手机?(别人不知道你用手机做什么对吧?)每次都这样?
你不是一个人
这么说吧,能到被program 开除的地步肯定不会是简单的平时待人冷漠,或者开会看手机或者带的intern不听你的这么简单。而且我相信肯定发生了几次事件你已经受到警告了,不太可能突然就没有任何前兆的就开除你。不过有些纽约的有些malignant program会开除intern...而且好像真的没有什么好办法,只能自己想办法transfer或者重新申请。
谢谢你的意见!请问现在我怎么样才能最好找到其他PGY2的spot呢?
与HR 一点毛关系也没有。
PGY 2吧
PGY2 还有半年才结束呢,你的意思是他们让你 finish PGY2到六月份?没有probation period?
If you are discharged from a medical residency program it is important to examine the language contained in the hospital policies and procedure manual. In the manual it will explain the procedure for internal disciplinary action taken against hospital staff, which may require a mandatory board hearing depending on the alleged infraction. Prior to the board hearing, a neutral intermediary may be utilized so that direct communication between the hospital and the resident is limited. The disciplinary board may be comprised of a three-person panel where you can choose to present your defense. I would advise against signing any documents presented to you by the hospital after you have received written notice of the disciplinary hearing until you have spoken to an attorney with experience in health and employment law. The manual will state how many days the panel has to render its final decision regarding your status in the hospital residency program, and the method by which the panel used to render the final decision. There will also be a procedure for filing a timely appeal should you choose to do so after an unsuccessful initial board hearing.
Suspension, Termination, or Resignation
The panel may recommend suspension or termination from the hospital residency program. The length of suspension will vary depending on the circumstances. A board’s decision to suspend or terminate a resident should be determined objectively but it’s difficult to refute the fact that there is a subjective component. This is why one resident who committed similar bad acts may only be suspended while another resident may be terminated. Hospitals have the authority here to make that determination and unless there is clear employment discrimination a court is unlikely to undermine and overthrow the hospital’s decision.
In some instances, I have witnessed the hospital allow the resident to voluntarily withdraw or resign from the residency program so that it doesn’t diminish their chances of gaining acceptance to another residency program. The thought of starting anew in a different residency program is chilling, but given the circumstances this could be your best option. You must decide whether you want to explain why you resign from the program or you can let your records speak for themselves. If you elect to be terminated from the program and subsequently apply for admission into a different program you will be required to submit your records from your previous residency program. Additionally, the hospital residency program may ask for references where the details of your departure may come to light. Further, the hospital manual should be examined alongside your hospital residency employment contract.
Arbitration, Lawsuit, or Administrative Complaint
Your residency employment contract will contain the terms and conditions of your employment during the residency program. The contract will most likely bind you to a mandatory arbitration in the event that a legal matter arises between you and the hospital. Hospitals prefer arbitration because:
They are usually less expensive;
Parties can choose the arbitrator:
Parties can choose the time and place of the arbitration;
The proceedings are held privately behind closed doors; and
Its outcome does not become part of the public record.
Arbitration is not held in court but in a court-like setting complete with discovery proceedings and an arbitrator acting as a judge. Additionally, the arbitration is resolved much faster since the parties don’t have to wait for availability on the court’s docket, which can take months before you are actually heard by a judge. Final judgment by an arbitrator is binding and very difficult to successfully appeal.
Depending on the reason why you were fired you may be able to file a complaint with the Accreditation Council for Graduate Medical Education (“ACGME”) which is an organization that in part, helps physicians in graduate medical education receive fair solutions to residency/fellowship education-related concerns and formal complaints. Most residency programs are accredited by the ACGME. The ACGME requires that residents have a right to present their defense before a board or panel. The ACGME’s Resident Services division does not adjudicate disputes between individual persons and residency/fellowship programs or sponsoring institutions. Resident Services does not address issues regarding matters of admission, appointment, contract, credit, discrimination, promotion, or dismissal of faculty members, residents or fellows.
As such, depending on the facts and circumstances I advise residents against filing a lawsuit against the hospital unless you are terminated for an illegal reason. Illegal reasons can include, but are not limited to, discrimination based on race, gender, sexual orientation, country of origin, nationality, or religion. You may make a claim alleging discrimination under Title VII of the Civil Rights Act of 1964 and breach of contract if the facts could support such a claim. In cases where residents have successfully won lawsuits against the hospital for discrimination they introduced ample evidence from which it could be concluded that they were unlawfully discriminated against. Residents may try to obtain evidence of the following:
(a) testimony or affidavit from doctors in a direct supervisory position to attest to the satisfactory nature of your work;
(b) evidence to rebut other supervisor’s negative evaluations of you – the resident;
(c) evidence of other residents with low test scores and unfavorable evaluations who have been allowed to continue in the program; and
(d) evidence that you were able to successfully complete the residency requirements since leaving the hospital.
In some jurisdictions, direct evidence of discrimination is not required. A plaintiff may entitled to rely on circumstantial evidence to convince the trier of fact that an employer’s explanation for his discharge is pretextual and that his discharge was more likely than not motivated by discriminatory intent. However, more of today’s courts are less likely to rule in a resident’s favor unless the resident can show direct evidence of discrimination. In Zaklama, M.D. v. Mt. Sinai Medical Center, 842 F.2d 291, 296 (11th Cir.1988), Dr. Zaklama was able to obtain evidence of a-d above, but it took approximately six years for the case to be fully adjudicated and a lot of money in legal fees.
我所知道的要repeat待观察的PGY1都是performance很差,平时风评就不好,同事之间名声早就臭了,要被开除或者要再干一年的rumor早就流传开了。平时你的communication这方面没有被提醒,警告过嘛?一点征兆都没有吗?program开除你就要再招人填补,想不通为什么这么草率的直接给dismiss.
can't agree more. 也不是malignant项目才开人,每个项目总有招看走眼performance很差的被开除一个两个的,特别是招人比较多的项目
退一万步说是你叔叔说的情况,那更要appeal和fight,不然以后各个program都知道哪些是软柿子可以随便开除。你既然有家里人是医生,可以让他帮你打听有没有哪里PGY3位置放出来,不少是内部消息。BTW,难道你们系头是印度人,要把一个被别处开除的印度人PGY2收来?就算如此,要开除也不是系头没证据没理由随便就开除吧,我实在想不通
口语再不好应该也比我认识的几位前辈强,你这个communication skill得多不招他们喜欢啊…… 感觉另有隐情
虽然你说的歧视有这可能性。 可是为何知道很多口语不好口音很重的国内医生来美国转正成功呢? 学法律的老中国际学生也有,有些也口音的,也没被歧视啊。
你好,可以麻烦你删除一下引用吗?非常感谢
我记得有个叫residency swap的网站什么的你搜搜。
做住院医真是很不容易,千辛万苦match上了,也不就是进了保险箱。今年已经听说好几个program关门,住院医要找下家的。training的每一天都战战兢兢的,生怕出错。祝你好运,千万挺住,一定还能找到机会的。
你让我删了我就删了,别人还说我又发了一个帖疑问很mean,而这个 @美人的鱼 故意不删引用。 也没人说她mean。 不公平
真的非常非常非常谢谢你说的话。