Named in malpractice case as resident, now applying for fellowship.

[badasshairday]

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Hi I was named in a malpractice case in which my attending and I made an appropriate diagnosis, however the patient still had an adverse outcome. The suit is ongoing and no judgement made against me. However I am applying for fellowship now and ERAS explicitly asks "Have you ever been named in a malpractice suit? If yes, explain." So I have to say yes. But what should I say. Keep it generic like I did on this post or go into more detail? I don't want them to think I'm hiding something or to ignore my app.

Thanks.

 

[Crayola227]

more importantly you want to be careful whatever you say isn't violating any legal obligations you have to program and hospital regarding what you say about malpractice cases... you should contact whoever is handling the case, the hospital legal risk management team first about what is OK to say from legal standpoint, then check with someone for ERAS strategy standpoint

ALWAYS consult your attorney first.

 

[Daiphon]

Hi I was named in a malpractice case in which my attending and I made an appropriate diagnosis, however the patient still had an adverse outcome. The suit is ongoing and no judgement made against me. However I am applying for fellowship now and ERAS explicitly asks "Have you ever been named in a malpractice suit? If yes, explain." So I have to say yes. But what should I say. Keep it generic like I did on this post or go into more detail? I don't want them to think I'm hiding something or to ignore my app.

Thanks.

Yes. It has to be listed, but can be done so with the statement that it is "ongoing." You can list the case number as it's public record, but...

more importantly you want to be careful whatever you say isn't violating any legal obligations you have to program and hospital regarding what you say about malpractice cases... you should contact whoever is handling the case, the hospital legal risk management team first about what is OK to say from legal standpoint, then check with someone for ERAS strategy standpoint

ALWAYS consult your attorney first.

...damn skippy. You don't want to say too much, but probably want to give more than the case number. This is where hospital legal is useful.

-d

 

[22031 Alum]

Your GME office should have someone whose job it is to help you navigate things like this. My co-residents who were named in lawsuits all met with that person. Sorry I don't have any more info than that.

 

[Winged Scapula]

As someone who's been through this, all you have to list is the following:

1) date of incident
2) location of incident
3) plaintiff's name
4) plaintiff's claim
5) status (currently in litigation, dismissed, resolved with prejudice etc)

You do not need to go into detail about #4; they will ask for more information if they need it. Something simple like: patient underwent laparoscopic inguinal hernia repair, sustained chronic pain post-operatively which resulted in complaint.

If you are unsure of the wording, Risk Management at your hospital can help you.

 

[da8s0859q]

Hi I was named in a malpractice case in which my attending and I made an appropriate diagnosis, however the patient still had an adverse outcome. The suit is ongoing and no judgement made against me. However I am applying for fellowship now and ERAS explicitly asks "Have you ever been named in a malpractice suit? If yes, explain." So I have to say yes. But what should I say. Keep it generic like I did on this post or go into more detail? I don't want them to think I'm hiding something or to ignore my app.

Thanks.

Just curious as to what state you're in given the nature of the lawsuit from what you're saying. Nothing to add to what's above.

 

[Arch Guillotti]

Hi I was named in a malpractice case in which my attending and I made an appropriate diagnosis, however the patient still had an adverse outcome. The suit is ongoing and no judgement made against me. However I am applying for fellowship now and ERAS explicitly asks "Have you ever been named in a malpractice suit? If yes, explain." So I have to say yes. But what should I say. Keep it generic like I did on this post or go into more detail? I don't want them to think I'm hiding something or to ignore my app.

Thanks.

I would consult risk management at your training institute.

In some cases you are shielded from having to divulge this information since only the institution and not the individual is named.

 

[Winged Scapula]

I would consult risk management at your training institute.

In some cases you are shielded from having to divulge this information since only the institution and not the individual is named.

Except he says he was named.

 

[Arch Guillotti]

Except he says he was named.

I'm not convinced.

 

[Crayola227]

I second that named or not ANYTHING that has to do with malpractice you need to be calling some attorney first. That's what the hospital and attorneys will tell you anyway, and seeing as I'm a doctor not a lawyer, that is the best bet. I would make zero assumptions when it comes to legal issues and your medical career.

You forked over ~ half a million dollars almost in your adult life (let's include college and opportunity costs), what's a few cell phone minutes to hospital legal or a few grand to have your own attorney on retainer?

 

[badasshairday]

I'm not convinced.

I was named specifically along with my attending. Hospital risk management said we did everything right and will not settle. They are going up to bat for me and defend.

 

[Crayola227]

I was named specifically along with my attending. Hospital risk management said we did everything right and will not settle. They are going up to bat for me and defend.

Point is you should still ask hospital risk management what to put down on your ERAS from their standpoint.

 

[Doctor4Life1769]

Agree with discussing issue with hospital legal and risk management depts

 

[marcozecca]

what happened then? How did you fellowship application go? do you feel that you were penalized because of the lawsuit you had, I mean do you think did it lower your chances to get into fellowship? did you get the fellowship?

 

[Groove]

Always consult your malpractice attorney. What's risk management going to do? Your attorney is the only one who can figure out whether you need to reply and what specifically needs to be said. Anytime I have an application for state licensure or re-application of whatever...inevitably there is a question about previous malpractice (I've been through one) and I'm always a little confused on what to say. I email it to him and he fills everything out for me and sends it back. Most attorney's perform this function on a routine basis for their current/previous clients who are in the process of applications for licensure, fellowships, hospital privileges, etc.. It's no big deal.

 

[gutonc]

Always consult your malpractice attorney. What's risk management going to do? Your attorney is the only one who can figure out whether you need to reply and what specifically needs to be said. Anytime I have an application for state licensure or re-application of whatever...inevitably there is a question about previous malpractice (I've been through one) and I'm always a little confused on what to say. I email it to him and he fills everything out for me and sends it back. Most attorney's perform this function on a routine basis for their current/previous clients who are in the process of applications for licensure, fellowships, hospital privileges, etc.. It's no big deal.

You're responding to a nearly 4 year old thread that was just bumped. Hopefully the OP will come back and give some insight though.

 

[Groove]

You're responding to a nearly 4 year old thread that was just bumped. Hopefully the OP will come back and give some insight though.

Oops, the first casualty of the necrobump!

 

[dpmd]

Always consult your malpractice attorney. What's risk management going to do? Your attorney is the only one who can figure out whether you need to reply and what specifically needs to be said. Anytime I have an application for state licensure or re-application of whatever...inevitably there is a question about previous malpractice (I've been through one) and I'm always a little confused on what to say. I email it to him and he fills everything out for me and sends it back. Most attorney's perform this function on a routine basis for their current/previous clients who are in the process of applications for licensure, fellowships, hospital privileges, etc.. It's no big deal.

How much does that run you each time?