
Over the years, an increasing number of jurisdictions have taken the position that a resident, even one just starting out, will be held to the standard of a fully trained physician.
A recent New Jersey case, for example, found that residents—regardless of their specialty or years of training—should be held to the level of expertise required of established physicians
It did so, in part, based upon a number of federal court decisions that said that residents—and other medical caregivers with even less training—must meet the same standard as fully licensed physicians. The defendants presented themselves as doctors, the court said, and should be held to the standard of care they claimed to possess. Anything less wouldn't comport with the care patients expected and were entitled to receive.
" I don't want to make the wrong mistakes"
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