Representing Medical Residents and Physicians

Our firm represents medical residents, as well as physicians whose prior medical residencies have impacted on their careers, including board certifications/exams.  For residents, is vital to have legal representation during residency investigations, remediations, informal hearings, formal grievance procedures, peer-review and CCC meetings [whether counsel is allowed to be present or not], administrative proceedings, and whenever any adverse employment action first arises.

Residents are employees under California Law, as established by a groundbreaking case we successfully litigated before the California Court of Appeals in Khoiny v. Dignity Health (2022) 76 Cal.App.5th 390.

Residents have rights, including in grievance procedures/due process, under handbooks, under ACGME Rules, and under discrimination and retaliation laws. 

All residents make mistakes, as residencies are supposed to be teaching programs, though some programs may leave residents wondering if there is any actual training component.  In light of the low-wages paid to residents, Programs may use them to perform lucrative procedures that benefit the hospital, rather than providing a genuine educational training program for the resident.   That is not allowed.  Duty hours may prove intolerable.  Complaints to the ACGME or in-house to HR, the DIO or Program Director can lead to retaliation, negative reviews, and termination/non-renewal. 

Medicare provides billions of dollars in funding to teaching hospitals, and at least one study found that the hospitals can make a big profit on residents by using them for services.  However, the ACGME rules do not permit hospitals to seek their own best interests to make a profit above yours .  There are ACGME and other rules, but they need to be properly understood and enforced.

Other times, a complaint about patient treatment or safety can lead to retaliation, which is unlawful conduct covered under the California Labor Code and Health & Safety Code, among other laws.  Sometimes advocating for patients, including the treatment of minority patients, can lead to a sudden shift in your own status and treatment as a resident.  

 Another familiar pattern: a change in program director, or complaints made to ACGME Surveys or other program complaints, can create a slippery slope leading to negative evaluations, probation/remediation, non-renewal and termination, not to mention an attempt to keep you from securing a new position or obtain your license. Even if you secure a new position, retaliations/discriminations can follow you and keep you from obtaining career advancement, including being permitted to obtain board certification.  We have handled such cases and can help.

As hopeless as it may feel when you are being unfairly targeted as a resident, while watching other residents commit the same errors or far worse with no consequences, it is never too early or too late to get legal advice, preserve records, and build evidence to safeguard your career and your own wellbeing. 

 Discrimination and retaliation in residency programs, including on the basis of gender, race/national origin, religion, disability etc., are far more common than you might think.  You are far from alone and we are here to help.

For more information, see our article on discrimination in residency programs. 

             Please contact us to arrange a complimentary consultation (818) 827-7137 

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