Protecting Rights Of Medical Residents, Fellows and Physicians

We represent medical residents and fellows, as well as physicians whose prior medical residencies have impacted on their careers, including on board certifications and exams.  For residents and fellows, it is vital to have legal representation during residency investigations, remediations, probations, PIPs, informal reviews, formal grievance  or due process procedures[whether counsel is allowed to be present or not].  Legal advice is key for all such administrative proceedings, and whenever any adverse employment action first arises.  

Residents are employees under California Law, as established in 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 their own handbooks and policies, under ACGME Rules, and especially under anti-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 involved.  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 experience for the resident.  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/evaluations, and termination/non-renewal/non-promotion or dismissal. 

Medicare provides billions of dollars in funding to teaching hospitals, and at least one study found that the hospitals can turn a big profit on residents by using them for services.  However, the ACGME rules do not permit hospitals to seek their own financial interests above the educational duties under the Common Program Requirements, Institutional Requirements, and Guides.  Discipline should be progressive, and residents in ACGME Programs treated consistently and following due process.  ACGME and other rules protect residents, but they need to be properly understood and enforced.

A complaint about patient safety or ACGME violations can lead to retaliation, which is unlawful conduct covered under the California Labor Code and Health & Safety Code, and/or 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 following ACGME problems, or complaints made to the ACGME as reflected in Surveys, can create retaliation leading to negative evaluations, probation/remediation, non-renewal and termination, not to mention an attempt to keep you from securing a new position or obtaining your license through negative summative evaluations and reference letters. Even if you secure a new position, retaliation/discrimination can follow you and keep you from obtaining career advancement, including being permitted to obtain board certification.  We have handled such cases, including due process and grievance proceedings, and can help.

As hopeless as it may feel when you are being unfairly targeted as a resident after years investing in your education and career, 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, disability, national origin, religion, sexual orientation and other protected classifications are far more common than you might think.  You have rights including to a timely interactive process for a disability, and reasonable accommodations, as well as not to be discriminated against for your disability.  You are far from alone and we are here to help.

For new clients please submit an intake form to schedule an intake phone call.  

We are licensed to take California and New York clients only.

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