What if as a resident you kill a patient ?

This forum made possible through the generous support of SDN members, donors, and sponsors. Thank you.

WannaB2

Full Member
10+ Year Member
15+ Year Member
Joined
May 24, 2007
Messages
27
Reaction score
0
I always wanted to know . . .

Members don't see this ad.
 
of course by accident, but still what would happen ?

serious question
 
Members don't see this ad :)
You will be responsible for someone's death at some point. Welcome to medicine.
 
You contact risk management and pray that you don't get sued.


can the individual themself get sued or hospital covers them ?

Is this any different than when doing rotations ?
 
You guys talk about killing patients like it's a rare thing.
 
of course by accident, but still what would happen ?

serious question

Almost every major decision about a patient's care has to be cleared by an attending (and, usually, a more experienced resident).

For instance, if I am about to send a patient home, I have to tell someone more senior than me (which, at this point, is almost everyone besides the med students. :laugh:) Usually, the attending will clearly say at some point, "It's ok if John Smith goes home; he's doing great," but, if the attending is not at the hospital at the moment, I will call and say, "John Smith's hemoglobin has been steady at 11, he has no pain, and he's eating, drinking, and making adequate urine. Is it okay if he goes home?"

Because you have to clear EVERY decision with an attending, it is rare for only the resident to be sued - the person who normally gets sued is the most senior person who was responsible for that patient's care (which is generally the attending physician). Depending on what happened, the patient's family may decide to sue the whole hospital.

As a resident, the hospital pays for my malpractice insurance. It is a standard benefit of any certified residency program.

It isn't all THAT different from doing medical school rotations, except as a resident you have fewer people that you need to contact whenever you're about to do something. Plus, as a resident you CAN be named in a lawsuit, since your signature is legally part of the chart. As a med student, my notes and signature were (legally) considered invisible.

To answer your original question, if you WERE To kill a patient, and you did so by doing something dangerous without calling an attending first, you would probably be fired from your residency program. If you do exactly what you're supposed to (i.e. make a decision, clear it with an attending, get proper supervision if necessary, etc.) and go up the hierarchy, then no one can fault you. If you DON'T do that, and irresponsibly do things that are beyond your experience and that put patients in danger, you're SOL. You would almost certainly be kicked out of your residency program, and would have serious difficulty finding another residency elsewhere.
 
Last edited:
Members don't see this ad :)
Yousa thinking yousa people ganna die?
jar-jar-binks.jpg
 
Residents get sued sometimes. Most don't, but some do. It's usually a result of someone filing a lawsuit and naming everyone in it. Usually, it's going to be an attending that heads to court, but a resident might get brought to court (it's more likely that you'll BE an attending by the time it gets to court though).
 
How is a teenager worth $17 million? Why not $170 million? Why not $1.70? These juries just vote themselves into La-la Land. It does sound like she negligent, but I don't understand where these gazillion dollar judgments come from.

Have you or a loved one died while wearing a Fentanyl skin patch for
pain? If so, you may be entitled to a large cash award. Do call me.
 
I read a statistic somewhere that during the course of your residency training, you'll be directly responsible for 3-4 pt deaths. Can't remember where though . . .
 
Almost every major decision about a patient's care has to be cleared by an attending (and, usually, a more experienced resident).

For instance, if I am about to send a patient home, I have to tell someone more senior than me (which, at this point, is almost everyone besides the med students. :laugh:) Usually, the attending will clearly say at some point, "It's ok if John Smith goes home; he's doing great," but, if the attending is not at the hospital at the moment, I will call and say, "John Smith's hemoglobin has been steady at 11, he has no pain, and he's eating, drinking, and making adequate urine. Is it okay if he goes home?"

Because you have to clear EVERY decision with an attending, it is rare for only the resident to be sued - the person who normally gets sued is the most senior person who was responsible for that patient's care (which is generally the attending physician). Depending on what happened, the patient's family may decide to sue the whole hospital.

As a resident, the hospital pays for my malpractice insurance. It is a standard benefit of any certified residency program.

It isn't all THAT different from doing medical school rotations, except as a resident you have fewer people that you need to contact whenever you're about to do something. Plus, as a resident you CAN be named in a lawsuit, since your signature is legally part of the chart. As a med student, my notes and signature were (legally) considered invisible.

To answer your original question, if you WERE To kill a patient, and you did so by doing something dangerous without calling an attending first, you would probably be fired from your residency program. If you do exactly what you're supposed to (i.e. make a decision, clear it with an attending, get proper supervision if necessary, etc.) and go up the hierarchy, then no one can fault you. If you DON'T do that, and irresponsibly do things that are beyond your experience and that put patients in danger, you're SOL. You would almost certainly be kicked out of your residency program, and would have serious difficulty finding another residency elsewhere.


THIS was the type of info I was looking for.... THANKS !
 
but maybe you have Gifted Hands like Dr. Ben Carson

Watch 4:56 - 6:13

[YOUTUBE]http://www.youtube.com/watch?v=20ew5848Z8E[/YOUTUBE]
 
moral of the story...don't call your patient a "whiner". Especially to anyone who might either chart it or testify against you.

Moral of the story is also....stay in frequent contact with your seniors/attending! If the resident had run the story by the attending, it wouldn't have been such an issue.

There is no reason, nowadays, why that resident should be the 'only' physician to examine a patient. There should always be attending input.
 
You present the case at M&M. And if they sue you, you go to court just like any other physician but you have codefendants (attending, hospital). I don't think the attending would be held liable if the resident did something negligent (ie d/c a crashing patient home)
 
Top