Not a mtach violation, right?

[Match2009]

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I am a PGY 1 in a PGY1-4 program that I matched into March 2008.

I am re-entering the match for a categorical residency in another field for MAtch 2009 (will start as a PGY-1 in June 2008).

This is not a match violation, correct?

 

[Samoa]

No. As long as you signed a PGY1 contract and showed up the first day for your original match, you're in the clear.

 

[Law2Doc]

I am a PGY 1 in a PGY1-4 program that I matched into March 2008.

I am re-entering the match for a categorical residency in another field for MAtch 2009 (will start as a PGY-1 in June 2008).

This is not a match violation, correct?

Not a match violation, but it could conceivably be a contractual one -- you need to read what your contract says. You may need program consent to jump ship.

 

[NotAProgDirector]

Not a match violation, but it could conceivably be a contractual one -- you need to read what your contract says. You may need program consent to jump ship.

I can't imagine that anything in their contract could prevent this. It would be illegal to ban people from interviewing at other programs on their time off, and you can't demand in a PGY-1 contract that they must sign a PGY-2, I would think. Then again, many things in law don't make sense.

 

[Law2Doc]

I can't imagine that anything in their contract could prevent this. It would be illegal to ban people from interviewing at other programs on their time off, and you can't demand in a PGY-1 contract that they must sign a PGY-2, I would think. Then again, many things in law don't make sense.

They can demand anything they want. Whether it will hold up in court may be a very different question, but one that would require extra expense to test. So you need to really read whatever you sign very carefully. There may be hoops to jump through before you can jump ship, based on what you sign, ranging from having to give notice the right way to having to get full blown consents from folks. Lawyers draft contracts to benefit their clients, not the signor, and there is no such thing as a "standard" contract. Every contract, like snowflakes, tends to be a bit different, and you are educated enough when you start a residency that you are going to be held to have read and understood every word of whatever agreement you put your John Hancock to.

 

[dragonfly99]

It's not a Match violation.
lawdoc is correct though that you should go back and read your contract that you signed last spring. Also, you should look in the House Staff Manual for your hospital, which likely has details about such things as quitting/being fired/taking leaves of absence, etc. My hospital, for example, states in the House Staff Manual that you are supposed to give 4 months notice if you are leaving a program. Also, if a residency program isn't going to renew the contract of resident I believe they are supposed to give 4 months notice. The main thing you need to do is to not sign your contract for PGY2 (if/when it is offered) if you don't plan to stay there. It would be nice for your current PD/residency program if you told your PD you were leaving, but if you aren't sure you are going to match, it might be good to hold off on that...in fact I would, personally.

 

[Samoa]

Since each contract is only a year's duration, the most I could imagine it specifying is that you get your program director's permission to participate in the match that year. And even that would be an unusual clause for it to contain.

Language and details of process may differ, but the general provisions are that you always have the right to refuse to sign a contract for a subsequent year, just as the program can refuse to offer you one. However, it is somewhat lopsided in that there must be cause for the program not to renew your contract, whereas you may sign or not, at will. The contract will specify what constitutes "cause" on the program's part. But there is generally no corresponding requirement on your part, other than to give notice by some specific date that you will not be renewing your contract.

I would be highly suspicious of a contract that said anything substantially different, because the ACGME does look at them closely.

 

[Law2Doc]

Since each contract is only a year's duration, the most I could imagine it specifying is that you get your program director's permission to participate in the match that year. ...

That little clause, or the notice clause mentioned by dragonfly, would suffice to make you in breach of contract if you simply entered the match. It's pretty conceivable that a contract will specify that if you aren't going to renew for subsequent years you have to give the program X months notice. Meaning if you didn't say anything and entered the match, you might breach your contract. Similarly, if it's as you mentioned above and you didn't get the requisite permission to apply to other programs, you could be in breach. You signed it, so you are deemed to know everything it says, and to abide by it.
I'm pretty sure that a rather benign provision such as one that requires notice would get through any review by the ACGME. As mentioned before, these contracts aren't "off the shelf", they are drafted by lawyers to benefit their clients. So if their clients are benefited by knowing well in advance about the possibility of any defections, then a notice or consent provision likely will get put in.

 

[Samoa]

Have you seen a clause like that in any of the contracts you've been provided so far?

I haven't. Which is why my very next statement, which you left out of the quote, is that it would be an unusual clause to contain.

 

[dragonfly99]

Have you seen a clause like that in any of the contracts you've been provided so far?

I haven't. Which is why my very next statement, which you left out of the quote, is that it would be an unusual clause to contain.

I agree with samoa.
None of the 3 1-year contracts I signed for IM had any such provision.
It was in the house staff manual that residents should give 4 months notice before leaving, though.

Practically, I seriously, seriously doubt that any residency program would sue/go after a resident for breach of contract for entering the match. As long as you don't do something ridiculous like tell them you are leaving a week before you leave (or leave after signing your contract for next year) I seriously doubt there will be legal repercussions for you.

I doubt that entering the Match per se would be a breach of contract...I've never seen a residency contract that contained any kind of prohibition like that. I would worry more about personal/career repercussions...probably won't matter if they hate you if you are changing specialties, but remember in the future you'll need stuff from your current hospital's GME office, and probably your current department's PD or his/her secretary. I had a friend switch specialties, after not being on good terms w/his old hospital/specialty, and he had problems getting the required documentation from them later...they'd always drag their feet about providing confirmation of his intern year for state licensing boards, etc. I'd worry more about that than some hypothetical lawsuit that isn't going to happen.

 

[Law2Doc]

Practically, I seriously, seriously doubt that any residency program would sue/go after a resident for breach of contract for entering the match. As long as you don't do something ridiculous like tell them you are leaving a week before you leave (or leave after signing your contract for next year) I seriously doubt there will be legal repercussions for you. ...

I would worry more about personal/career repercussions...probably won't matter if they hate you if you are changing specialties, but remember in the future you'll need stuff from your current hospital's GME office, and probably your current department's PD or his/her secretary. I had a friend switch specialties, after not being on good terms w/his old hospital/specialty, and he had problems getting the required documentation from them later...they'd always drag their feet about providing confirmation of his intern year for state licensing boards, etc. I'd worry more about that than some hypothetical lawsuit that isn't going to happen.

I totally agree that it's not that likely that a hospital would sue a resident over such a breach, and, as you mentioned, they have other, much simpler means to make your life very difficult without the expense of a lawsuit. But such a breach of a notice or consent clause would give them the RIGHT to pursue this in court. In general, it is bad advice to assume that folks won't enforce their rights, even if the likelihood of them suing you is very very low (and I agree that it is). No lawyer would ever advise you to breach such an agreement, even if you were playing the odds. You could always be the one they decide to make an example of, and if you breached the terms of the agreement you wouldn't have a leg to stand on. So read the contract and follow its terms to the letter. This is sound advice for every contract you sign for the rest of your life, professionally and personally. As a person with a professional degree, you are going to be deemed to have read and understood everything you ever sign from here on out -- you won't get the "out" that someone with less formal schooling might.