legal help for residency

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sjdiggy

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Question, if you have documented proof of bullying and harassment during residency and feel you are being punished, and the PD is not "responsive" and the DIO has "their hands tied". Where is the best place to find legal counsel? I have at best only been able to find lawyers somewhat familiar/comfortable with OSHA compliance and sexual harassment but not the in/outs of residency.

Also, what are my option for finding out what my options are, like the DIO doesn't know, the chiefs could care less.

Thanks.

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Look through my post history on termination and attorney as your keywords to find threads and posts.

The short of it is that what you are looking for basically doesn't exist. Not even with attorneys that are as specialized as dealing with representing physicians with health issues to the medical board, also a small niche. But that number of potential clients is higher, has more money & clout, so the specialization in that area of law will exist with at least a handful of attorneys in most states. They are usually totally unfamiliar with residents.

On the other hand, the proportion of residents in the shoes you propose is tiny, has no money, and often very little to support a case.

You will be looking for a couple things. An attorney willing to learn and expand a little, that has interest in the case for altruism or to put a case like this to their name.

You will have a lot of homework to do. On everything related to your institution and ACGME and other applicable law.

Network where appropriate with your alma mater, your other docs, psychiatrists can be super helpful, attorneys that specialize in board dealings, ADA law or other discrimination in the workplace, and don't just ask if they can help you, ask for even just another name so you can make another call.

You don't want to be talking the details of a legal case or wanting an attorney with anyone you don't truly trust with confidentiality, even co-workers. As one attorney advised me, anyone can become a witness in a court of law, including coworkers, friends and family. Chew on that. But omsbudsmen, personal health providers and such have confidentiality clauses that at minimum they will not have to say anything unless this goes to court. So you can ask for confidential help finding an attorney from them. Your program is already defending against you getting legal counsel before they even hired you and likely see this coming. In any case, do your best not tip your hand as you ask around to find an attorney, that you are looking for an attorney, lol irony.

What's hard is it has to be within your state, so just trolling the Internet looking at other cases with a resident may not get you an attorney name that can help. Still, if you can contact someone within your state from looking this way, maybe. Or you never know what someone who practices law in Colorado might know about Ohio...

Lastly, there are certain types of cases where you can fight and both parties can walk away with something they wanted, maybe even amicable.

Even in that case where basically it just comes down to, well that's too bad for the resident and too bad for the employer that didn't make it work, it's more like a no-fault divorce in the end. Bitterness may or may not be included.

The burden of proof to even show that a "willing" employer can accommodate you or that things were unfair, the reality is you don't really win that as people just negotiate not to make things ugly. Mutually assured destruction in NDA.

OTOH, alleging things as damaging as racism and active discrimination, you better have really good proof. They will often fight than to settle, or help you in any way that could be seen as supporting your claim.

You need credible first hand witnesses to words & writing, & facts in writing, that cannot be interpreted as anything but discrimination. Evidence other residents that were basically the same as you except for why you're alleging unfair discrimination, were NOT treated as crappy. All residents are treated crappy, it may be hard to have hard proof on paper it was worse for you than everyone else, no matter the common perception. Even then, you will not win if you don't show that were it not for the discrimination, you still qualified for the job or remediation. If you suck at your job, and they're racist, and you prove it, but you can't prove that is *why* you lost your job, the outcome of what you get out of that looks different. All around hard to make stick.

Someone posted a link to a really long case a while back that actually walked through each bit of the judge's reasoning and the burden of proof for these cases. You have to prove it and it's so hard most don't win. Read the ones that win and the ones that lose. It's a great way to get an idea for whst could happen, like we read case studies, that's how attorneys learn, you might as well see what they may see. You might even give them some of the cases if they might find it useful.

What do you think will happen with your case? You'll prove it? What will be your justice? What is your goal?

I would gather facts like a busy bee, I discuss this elsewhere. Document document document. Get knowledgable and realistic about what you have, possible outcomes, and what you'd like to achieve. With this in hand, contact attorneys and basically pitch your case and a few questions that are getting towards what you'd like help with, preferably some outcomes that seem reasonable ie appeal, negotiate a severance & NDA, letter of recommendation elsewhere.

You are not getting your job back, and you likely aren't going to "make them pay" or be compensated in any way that really substantially changes your financial situation or career. Remember the rule of training, if they want you gone you will be gone. I would look at being amicable and to what degree an attorney can help you leverage something that lets you move on that the program is willing to support. I don't care if this is a deal with Satan as far as you are concerned. Realistic goals are a good approach to getting an attorney to take this.

You can learn a lot on SDN about all of this, different viewpoints, case studies, tips, outcome. What you discover can help you navigate, find a lawyer, and help them help you.

Keep in mind I'm not a lawyer, I'm not qualified to give legal advice, I'm just sharing my opinion and what I believe and ideas.

Best of luck, believe it or not every word of this will actually help you get a lawyer. You need to be able to advocate for your own case as it is unlikely you will find the attorney that can hold your hand on this.
 
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