When you think about doctors in training, you likely picture eager young faces in white coats, ready to heal the world. You may trust them and hospitals to take good care of your children, should they need care. What happens if these trainees make mistakes that hurt your child?
If you are a parent, hearing that a medical trainee has misdiagnosed your child can feel like your world is crumbling. Understanding the legal realities can help you set a more confident foot forward as you navigate these turbulent waters.
Truth: Trainees can generally be held responsible for their mistakes
Maybe someone you know had the same issue in the same situation and decided to let the matter slide; that doesn’t mean it should be the same with you. While it’s true that trainees are still learning, they’re not immune from responsibility. Here’s the deal:
- Trainees have a duty of care to patients, just like fully qualified doctors.
- The level of responsibility might vary based on their role and experience, but negligence is negligence.
- If a trainee’s actions or lack thereof fall below the accepted standard of care, they can be held liable.
Remember, being in training doesn’t give anyone a free pass to make careless mistakes with your child’s health.
Truth: A hospital may be on the hook for trainee errors
This is a big misconception that many people still believe to be actionable. However, hospitals aren’t just buildings where medicine happens; they’re responsible for the care provided under their roof. Hospitals have a legal duty to supervise trainees properly to ensure the correct procedure is followed to the letter.
Additionally, the “vicarious liability” concept puts the hospitals under legal responsibility for all the actions of their employees, including trainees. As such, the hospital might be legally accountable if a trainee’s negligence harms your child.
Truth: Small mistakes don’t really matter
If you are a parent, you know that every detail matters when it comes to your child. Even though the errors might seem minor, they can have significant impacts on their well-being, especially for growing kids. A small misdiagnosis can lead to delayed treatment, unnecessary procedures or worsening conditions. Any mistake that impacts your child’s health or well-being is significant.
Don’t let anyone downplay your legal concerns. The “everyone believes” might not be the real thing when it comes to legal matters. If something feels off, it’s worth investigating it through proper legal channels.
