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Illinois lawsuit could further restrict resident work hours

Posted By Carsten On 14th March 2005 @ 19:31 In Medical Education | 5 Comments

Looks like I may be working less when I finally graduate medical school and start residency. Good thing? Bad thing? Well working less is good, but does that also mean I will be more poorly trained? Hospitals, who rely on the cheap labor of residents seem to think so. A organization of medical students/residents ([1] AMSA) seems to think not…

But I won't have to worry about that if I don't graduate, so back to studying… Immuno :???:

A postcall resident crashes while driving home. Is the hospital liable?

Heather Brewster was hit by a first-year internal medical resident who was driving home after 36 hours on call. Brewster, who was 23 at the time, July 14, 1997, sustained a head injury that has left her permanently disabled and has since been deemed incompetent by the courts.

Brewster's family is suing the resident and teaching hospital, Rush University Medical Center in Chicago, on her behalf. The family says Rush should be held liable because it enforced a work schedule that left residents sleep-deprived. They have asked an appeals court to overturn a lower court ruling excluding Rush from the lawsuit on the grounds that it could not be held responsible for an employee's after-work conduct.

At stake, legal experts say, is the broader issue of resident work hours. If Rush is held responsible for the car crash, then teaching hospitals nationwide could be vulnerable to similar suits, even though residents are no longer allowed to work 36-hour stints.

Continue at: [2] AMA News

[3] Hat Tip: Kevin, MD


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URLs in this post:
[1] AMSA: http://www.amsa.org/hp/reswork.cfm
[2] AMA News: http://www.ama-assn.org/amednews/2005/03/21/prsb0321.htm
[3] Hat Tip: Kevin, MD: http://www.kevinmd.com/blog/2005/03/postcall-resident-crashes-while.html

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