Can Medical Residents be Considered as Employees? Or Are They Still Students?

The classification of medical residents is often a gray area and different people have different opinions on this subject. That being said, medical residency misconduct cases are considered to be the most common cases in the medical community. Medical residents should know that there is a line between the qualities of a student and those of an employee.

If you are accused of any type of misconduct, then it is essential to have a strong legal defense for medical residency students. A lawyer can help fight the charges against you and help you get out of the legal troubles that you are currently experiencing.

We will now look into different types of medical residency misconduct.

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  Performance problems

This type of misconduct is considered a systemic and pervasive problem in the medical community. It is often a difficult thing to prove, and it depends on many factors like whether the patient was adequately treated, or if the residents made a clear effort to obtain more information regarding their patient. This is also known as patient abandonment.

• Professional misconduct

The conviction of professional misconduct is more likely to occur if the resident has committed fraud or has been involved in deadly conduct. The consequences of this type of misconduct can be serious and can result in the loss of the license. You also might be sued by the institution or the state.

• Substance abuse

Medical residents can be involved in substance abuse that might be found by the state. This misconduct can cause trouble for the resident, and if caught, this misconduct will result in suspension or termination of a license to practice. You might also be required to enter an alcohol or drug rehabilitation program to receive a new license to practice medicine.

• Sexual misconduct

Sexual misconducts are those acts that are considered unethical and inappropriate in the medical field. This type of misconduct usually occurs if the resident has been involved in a sexual relationship with the patient, or has taken advantage of the patient for his/her own personal reasons. Medical residents need to understand that sexual conduct between a doctor and their patient is completely illegal and unethical. Many types of sexual misconduct may occur in a medical setting, like touching or looking at patients or other staff members in a sexual manner or sending inappropriate messages.