Not many residents are subscribed to this newsletter, however, this is an important remider to our medical community. Throughout my career I've stepped in to help many residents and fellows with program issues resolve, move programs, challenge probations, suspensions, terminations, and, in some instances, resign in best circumstances we can manage.
Today's newsletter is a reminder - probation, suspension or termination from a residency or fellowship program is an administrative / legal process. A process that highlights, in many instances, the injustice of power dynamics in certain systems. More times than not an adverse action against a resident or fellow is based in a personality dispute with a higher up (I wish I was exaggerating). Many times the resident or fellow waits, because of shock, or cost concerns. The call to the attorney is delayed. Timing in lodging a challenge to probation, suspension or termination is CRITICAL - same as with hospital privileges or licensure issues.
Why the reminder? We just wrapped a successful restoration of fellowship status to a dismissed physician. The reality - the hospital system recanted when challenged on the record. So, then, why the stern warning? Because our client, well intentioned, appealed himself, lost and called as a "last ditch effort." How much anxiety and emotional turmoil could he have avoided from calling earlier? The likelihood of success decreased exponentially by wasting that "first strike." I'm surprised by the result, but pleased given the circumstances.
Tips for residents / fellows (same advice as to privileges - hospital / ASC) -
Seek legal advice IMMEDIATELY: Important deadlines for responding to allegations or filing an appeal can arise quickly. Speaking with an attorney before responding to your program, attending a disciplinary meeting, or making any decisions can help protect your rights and preserve your options.
Preserve all documentation: Keep copies of all communications, records, emails, letters, evaluations, disciplinary notices, and correspondences with your program. These documents can be critical if you challenge the program's decision or need to explain the circumstances in the future.
Know your rights: Many residency programs have grievance procedures, appeal rights, and institutional policies that must be followed before a dismissal becomes final. A program's failure to follow its own procedures may affect the outcome. Remember that a dismissal can have consequences beyond your residency. You may be required to disclose it on future residency applications, hospital credentialing forms, state medical license applications, and employment questionnaires.
