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As far as the whistleblower thing, I think it depends on timing. If a resident is doing fine, then "blows the whistle" on something, and then all of a sudden is getting fired, that seems like something that needs protection. On the other hand, a resident who is not doing fine and headed towards being fired who then "blows the whistle" on something, that's more complicated. Depending on how it's worded, whistleblower protections could be used as a shield by truly incompetent interns. This unfortunately happens frequently -- when an intern/resident is in the process of being terminated, they all of a sudden start blaming the system -- saying that their duty hours were too long, or that they were discriminated against, etc. It's hard sometimes to tell who is telling the "truth" -- my experience is that often the resident fully believes that they are not at fault, that everyone else is having the same problems, that they are getting better, and that there is nothing wrong with them.
Now, I do totally agree with you that the current system is ripe for abuse. There is nothing to stop a PD from doing exactly the above -- either blowing things out of proportion, or frankly making things up about a resident. And, as pointed out, it can be difficult for a resident who is terminated from one program to find a spot in another -- not surprising, since it's hard to prove that any prior problems have been "fixed" or that they never existed in the first place. And, when a resident does not work out for a program, it's usually a huge problem, creating schedule chaos, etc.
At present, I do agree that the system does not have enough safeguards for residents. Unfortunately, I don't see any easy way to fix it.
Already it's mandated by the ACGME that there be an evaluation committee. So, rather than just the PD's say-so, a whole committee is supposed to review resident performance. This is no real protection, since some "malignant" PD's will simply rule by fiat, and the committee will simply rubber stamp anything they want. Plus, the committee can be easily swayed by selective evidence.
We could require that the PD submit a final evaluation letter to the ACGME. The resident should be able to see this letter, and perhaps they could submit a rebuttle -- or have faculty at the program do so. This could be private, so that the PD wouldn't know who had written what. When applying for a new position, the resident would refer PD's to the ACGME for the letters. However, I find it hard to believe that a PD wouldn't contact the prior PD even after reading the letter, and there is no way to control what is said in that conversation. Still, this is relatively easy and inexpensive, and wouldn't be hard to implement. It might make the system somewhat better.
A really crazy idea is to require that the resident reliquish their training funds. So, if I terminate a PGY-1, I can only get the funds for a new PGY-2 if I have the "release" from that PGY-1. This would give residents a huge lever to use with PD's. Still, I don't see this working on many levels. First, it's never going to happen politically. Second, I could see residents basically demanding an "OK" letter, even if their performance was not OK. Last, once I had the release, I'd be free to say anything I wanted about the resident (and if I was blackmailed into writing a better letter than I wanted, you can be certain that I wouldn't have good things to say).
Perhaps the best solution is a different idea. There is going to be no way to fairly assess a resident who is terminated if they contest the process. It will always turn into a he said ./ she said sort of situation, and determining the truth will be impossible. So, perhaps, forget about that. Instead, what a terminated resident needs is another chance, but programs are usually unwilling to take a resident like that in, since they are unwilling to make a long term commitment. However, it is not infrequent that my program has a hole in it's schedule -- maybe a resident takes a maternity leave, or someone transfers to another field, etc. PD's might be willing to take a resident on a temporary basis -- you'd work for 3-4 months, with no promise of further training. But, it would give you a chance at a new program, perhaps a new field, and generate a new PD letter. I could imagine ACGME keeping a database of people looking for spots. Theoretically this could include people who had no residency training (i.e. who couldn't match) but wanted some experience, but I would imagine that most PD's would prefer someone with some experience already.
Still, I'm not sure that even this would work. If I had a hole in my schedule, would I find a way to fill it using my own resources, or hire someone who might be yet a new problem to deal with? I guess it would depend upon their story, and how much of a risk I thought it was.
Now, I do totally agree with you that the current system is ripe for abuse. There is nothing to stop a PD from doing exactly the above -- either blowing things out of proportion, or frankly making things up about a resident. And, as pointed out, it can be difficult for a resident who is terminated from one program to find a spot in another -- not surprising, since it's hard to prove that any prior problems have been "fixed" or that they never existed in the first place. And, when a resident does not work out for a program, it's usually a huge problem, creating schedule chaos, etc.
At present, I do agree that the system does not have enough safeguards for residents. Unfortunately, I don't see any easy way to fix it.
Already it's mandated by the ACGME that there be an evaluation committee. So, rather than just the PD's say-so, a whole committee is supposed to review resident performance. This is no real protection, since some "malignant" PD's will simply rule by fiat, and the committee will simply rubber stamp anything they want. Plus, the committee can be easily swayed by selective evidence.
We could require that the PD submit a final evaluation letter to the ACGME. The resident should be able to see this letter, and perhaps they could submit a rebuttle -- or have faculty at the program do so. This could be private, so that the PD wouldn't know who had written what. When applying for a new position, the resident would refer PD's to the ACGME for the letters. However, I find it hard to believe that a PD wouldn't contact the prior PD even after reading the letter, and there is no way to control what is said in that conversation. Still, this is relatively easy and inexpensive, and wouldn't be hard to implement. It might make the system somewhat better.
A really crazy idea is to require that the resident reliquish their training funds. So, if I terminate a PGY-1, I can only get the funds for a new PGY-2 if I have the "release" from that PGY-1. This would give residents a huge lever to use with PD's. Still, I don't see this working on many levels. First, it's never going to happen politically. Second, I could see residents basically demanding an "OK" letter, even if their performance was not OK. Last, once I had the release, I'd be free to say anything I wanted about the resident (and if I was blackmailed into writing a better letter than I wanted, you can be certain that I wouldn't have good things to say).
Perhaps the best solution is a different idea. There is going to be no way to fairly assess a resident who is terminated if they contest the process. It will always turn into a he said ./ she said sort of situation, and determining the truth will be impossible. So, perhaps, forget about that. Instead, what a terminated resident needs is another chance, but programs are usually unwilling to take a resident like that in, since they are unwilling to make a long term commitment. However, it is not infrequent that my program has a hole in it's schedule -- maybe a resident takes a maternity leave, or someone transfers to another field, etc. PD's might be willing to take a resident on a temporary basis -- you'd work for 3-4 months, with no promise of further training. But, it would give you a chance at a new program, perhaps a new field, and generate a new PD letter. I could imagine ACGME keeping a database of people looking for spots. Theoretically this could include people who had no residency training (i.e. who couldn't match) but wanted some experience, but I would imagine that most PD's would prefer someone with some experience already.
Still, I'm not sure that even this would work. If I had a hole in my schedule, would I find a way to fill it using my own resources, or hire someone who might be yet a new problem to deal with? I guess it would depend upon their story, and how much of a risk I thought it was.