cancelling prelim prematch?

[doc39]

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hey all. im posting on behalf of a friend. she has prematched for prelim and matched for neuro....however, the new development is that the neuro program is expecting her to do the prelim at the same hospital as neuro and she is looking to cancel her prematch contract....
any idea how to go about it, what the repercussions may be, or as long as the program has someone to fill the spot it should not be an issue?
any input would be greatly appreciated.

 

[Javad]

Hi, i know this is not the answer to your question but do let us know if your friend does cancell it( which program will have the opening), by the way if this requirement is suddenly brought up by the neuro program after the match i think she can ask the neurp program to contact the prelim on her behalf and talk to them, that way it wouldnt seem that she is just cancelling but she required to do so.
Thanks

 

[Winged Scapula]

If she obtained the Prelim position outside of the match, then she is not held by any NRMP contractural obligations.

If she has signed an employment contract for her Prelim year, her program could conceiviably find her in violation of that contract, but most programs would not pursue legal action for failure to complete the contract.

She must not burn any bridges; that is, she needs to handle leaving the program she prematched to delicately, but as long as she has a Prelim position in the Neuro program and they back her up, she should be able to get out of the Prelim position.

 

[gutonc]

She must not burn any bridges; that is, she needs to handle leaving the program she prematched to delicately, but as long as she has a Prelim position in the Neuro program and they back her up, she should be able to get out of the Prelim position.

What she said. Also...and this cannot be emphasized enough...before you/she attempts to get out of the prematched prelim program, you/she needs to have a signed copy of the other PGY1 contract in-hand. I realize this spot was obtained in the Match so the sketchy pre-match rules may not be as in effect but caveat emptor nonetheless.

 

[dragonfly99]

Agree with guton and apd.
She needs to get the PGY1 contract from her neuro program ASAP. I would then notify the other program ASAP. They will be unlikely to do anything to her...at this relatively early date they can easily find another medicine intern, though they may not love having to d oit. If she hasn't yet signed the contract not much they COULD do...well could mark her a "match violater" if she got the spot via the Match, but that really doesn't mean much. She could consider asking the new neuro program director to intervene for her also, and smooth things over, but that probably is not necessary if she acts quickly to resolve the situation.

 

[sohsie]

hey all. im posting on behalf of a friend. she has prematched for prelim and matched for neuro....however, the new development is that the neuro program is expecting her to do the prelim at the same hospital as neuro and she is looking to cancel her prematch contract....
any idea how to go about it, what the repercussions may be, or as long as the program has someone to fill the spot it should not be an issue?
any input would be greatly appreciated.

If she got the neuro program through the match, I don't think they can dictate where she does the prelim program. I think that would be a match violation by the neuro program. Maybe AProgDirector can chime in on this?

 

[Law2Doc]

What she said. Also...and this cannot be emphasized enough...before you/she attempts to get out of the prematched prelim program, you/she needs to have a signed copy of the other PGY1 contract in-hand. I realize this spot was obtained in the Match so the sketchy pre-match rules may not be as in effect but caveat emptor nonetheless.

Speaking as a lawyer this is a really really bad idea. The second you sign another contract covering the same year, you are in material breach, and it's very hard to negotiate from that position, because you start hearing phrases like "bad faith" getting thrown around. I get that you don't want to end up with nothing but this is legally a mistake. If the prematch program wants to be difficult or make trouble, they've got you dead to rights the second you do this, and not only can they march into court and enjoin you from taking the other position, but they actually have a suit against the other program for tortious interference (which is why the other program likely won't sign a contract with you, or will give themselves a lot of outs). What you actually probably ought to do, to keep it kosher, is to simply get a piece of paper (a "nonbinding" letter of intent) signed saying that the desired prelim spot will take you in the event you are released from the prematch position. You make it conditional on the other contract no longer existing by the time you start, so you don't have two contracts covering the same time period. That way nobody can jam you up by deciding to set an example or whatever. Yes, I know residency programs don't usually play hardball in this way, but again, speaking as a lawyer you never ever ever ever ever sign two contracts with two different parties covering the same subject matter, time, etc. It's the definition of bad faith. Smart people don't play this way. And smart programs won't let you play this way anyhow. They generally will insist you or they work it out before they sign the papers. Or else they don't have good legal counsel. (which might you you also won't have good legal counsel if you screw up as a resident -- food for thought).