Health Care Residency Programs: Litigating Ourselves Out of a Job

Litigating Ourselves Out of a Job

For several years, Mr. Patterson successfully represented the Accreditation Council for Graduate Medical Education (ACGME) in federal courts and a few state courts around the country. One program argued that if the court refused to continue its accreditation on an emergency basis, it would suffer irreparable harm. It would be unable to recruit qualified residents through the national Match program. Our research revealed that the program had been in trouble before, but had recruited four doctors without the Match. After a long series of questions to “set the trap”, we asked these questions:

Q: And it’s your contention that irreparable harm would befall the program if you were not able to recruit persons with the aid of the Matching materials which only go for accredited residency programs, am I correct on that?

A: Yes, it is.

Q: But you’re nevertheless extremely proud of Dr. M__, Dr. B__, Dr. N__, and Dr. B__, isn’t that correct?

A: That’s right.

Q: And you said they were all fine surgeons, right?

A: Yes, I did.

Q: And isn’t it correct that none of them were obtained through the Match?

A: That was – that was during that period of time – that is correct –

Q: Thank you.

 

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