Their mistakes can hurt you:
Over the years, an increasing number of jurisdictions have taken the position that a resident, even one just starting out, will be held to the standard of a fully trained physician. As such, if the resident you’re overseeing fails to meet that standard, and a patient is injured as a result, you can be held liable for improper supervision.
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{ 1 comment }
I’ve always assumed that the standard of care was the same. As the attending physician I have the same obligation to my patient whether or not a trainee is involved in their care.
As for the resident, their personal liability should be graded according to the reasonable expectations of their level of training. This does not mean less culpability to the patient, only in apportioning fault between the resident and myself. And as long as the resident is acting within proper scope of practice then it’s my liability. If they start doing things that exceeds operating procedure, and especially avoiding or shunning proper oversite, then the liability is theirs.
scenario 1: anesthesia resident knows I’m unavailable and knows it is standard of care to have me presnt, but takes the patient back to the OR anyway and goofs. 100% his fault as if he were the attending.
scenario 2: I meet the patient, perform a clinical exam, review the chart, ensure informed consent is accomplished and send the patient to the room with the resident, then any goof is 100% mine.
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