Are residents, fellows, and medical students exempt from malpractice claims?
No. Residents (house officers), fellows, and medical students can be named alone or with other providers in a medical malpractice case. They can also have their name reported to the National Practitioner Data Bank if payment is ultimately made on their behalf. The procedural rules that govern civil actions require the naming of appropriate individuals to avoid dismissal of the lawsuit by the court. The selection of individuals named as defendants is made by the party bringing the lawsuit (the plaintiff). The law does not limit the number of defendants who can be named, as long as they are considered a “necessary” party to the case. If the plaintiff can show that a resident, fellow, or medical student is a necessary party, that individual will remain in the lawsuit. Defendants may also be added or dropped during the course of the suit as additional information is developed.
