quoted: Forced resignation from residency

Discussion in 'Confidential Consult' started by Tildy, Apr 6, 2012.

  1. Tildy

    Tildy 12 yrs old, feels like 84 Moderator Emeritus SDN Advisor 7+ Year Member

    This is more up aPD's line of work, but there's probably not enough info you've given us to answer your questions. There are several threads in the General Residency forum addressing some of these issues as well. Bottom line is that legal action is a tough approach to go, time consuming and potentially costly. If there is any way to get a new position without suing, that would be best, but, every situation is different. An initial consult with a lawyer is not necessarily expensive though.
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  3. michaelrack

    michaelrack All In at the wrong time SDN Advisor 7+ Year Member

    Dec 22, 2007
    Memphis TN
    it may be too late now (since you already resigned), but your focus should be on getting a new position- before resigning you should have come to some understanding with the PD about what he would tell other programs who called about you, and what his letter about you would say.

    I guess your next step should be lining up letters of rec from the attendings who support you. Maybe one of them could help you find a new position.
    GroverPsychMD likes this.
  4. Bobmd2012


    Mar 25, 2012
    One of my friend has similar situation, she got 90 percentile in her in-training exam and still very difficult to get a new position as the new program concerned the reason of probation and resignation. She is thinking about to file a complaint to ACGME about PD misusing his power. Is that possible for the RRC to take action to the PD and force the PD take my friend back to the program? Thank you very much for your help!
  5. aProgDirector

    aProgDirector Pastafarians Unite! SDN Advisor SDN Moderator 10+ Year Member

    Oct 11, 2006
    Short answer: No.

    The ACGME accredits programs. It does not get involved with individual resident complaints, so the ACGME will not help. They do not think it is their role -- whether it should be or not is a debate.

    In addition, would your friend really want to end up back at that program? They would likely be miserable. Better to try to focus on getting into a new program.

    It's a tough situation. In training scores are one aspect of performance, and having a good score is great but not necessarily a measure of whether the resident will do well. In situations like this, the resident and the program often tell different stories. Chances are, both think that their story is the "truth", which likely lies somewhere in between. As a PD, it's very difficult to assess what really happened, and the risk of taking a resident who runs into problems is high, hence programs are often hesitant to do so.
  6. xry222

    xry222 2+ Year Member

    Feb 16, 2013
    It all depends on your friends' (or anyone's) particular circumstances. If you truly, truly believe that it was done wrongly, then filing a complaint with an ACGME will not directly get your job back, because it is not their duty to arbitrate between a resident and a program. However, if your rights as a resident/employee were violated, then your program is technically breaking ACGME rules, and therefore the ACGME may get severely concerned about the atmosphere of the program (retaliation, intimidation, wrongful termination) and has the right to put a program on immediate probation or even take away full accreditation and dissolve the program. Do you believe the program has legitimate documented evidence that you were not a sufficient resident? You may score a 90% on inservice but if you have a personality disorder and let's say you refuse to speak to co-workers or don't show up to work, then the program has a right to ask for your resignation or terminate your contract. On the other hand, if you brought up a concern and they retaliated by forcing you to resign because they don't want "complainers" in their program, they have absolutely no right to retaliate.

    If you file complaints, the program director may get scared and either offer your position back (unlikely), or at the very least make sure that no negative comments are relayed to other programs; that he puts in a good word wherever you choose to apply and he is discreet about what happened. Of course, he will only get scared if something fishy was going on and he should not have done what he did. Also, did you speak to your own hospital's GME office? You should go to them first, unless you believe they were involved in the process. You may first ask the GME politely and if they refuse to have a discussion, you should ask sweetly if this would a be a good issue to bring up with the ACGME. They may suddenly be kinder to you. If they are not kind, then go ahead to the ACGME.

    Of course, when you write to the ACGME, make sure it is a well-written, well articulated, well-reasoned letter. Spend a lot of time writing it. And don't sound angry.

    Good luck.

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