In a case closely watched by hospital administrators and residency programs around the country, a Connecticut jury vindicated the decision of the Program Director for the General Surgery Residency Program at St. Mary's Hospital to require a surgical resident to repeat a year of training rather than advance to his Chief Resident year. Golek v. St. Mary's Hospital, Inc. The verdict confirmed the discretion customarily exercised by program directors in evaluating resident performance and making promotion decisions involving categorical as well as preliminary residents.
Facts and Allegations
The plaintiff, Zygmunt Golek, was a resident physician in St. Mary's Hospital's General Surgical Residency Program from August 11, 2004 to June 30, 2007. On December 19, 2007, Dr. Golek commenced an action in Superior Court against the Hospital, Dr. Stanley Dudrick, and the Accreditation Council for Graduate Medical Education ("ACGME"). Dr. Dudrick was the Program Director for the Hospital's General Surgery Residency Program. ACGME is an accreditation body which accredits residency programs in the United States. Dr. Dudrick and ACGME were dismissed from the lawsuit following pre-trial motions.
In his lawsuit, Dr. Golek alleged that he had been terminated from the Residency Program in violation of his Residency Agreement and that the training he received in the Program was deficient and inadequate. He also asserted that the Hospital acted in bad faith toward him in violation of the implied covenant of good faith and fair dealing. In his closing argument, Neal Moskow, attorney for Dr. Golek, asked the jury to award Dr. Golek up to $7 million to compensate him for his alleged inability to complete the residency program and become a surgeon.
In its defense, the Hospital argued that Dr. Golek had merely been asked to repeat a year of his training due to concerns about his development and skill level. The Hospital relied on Dr. Golek's performance on the ABSITE and mock oral board examinations and on the evaluations and testimony of the program faculty as support for its decision not to promote Dr. Golek to Chief Resident. The Hospital also denied that Dr. Golek's training was deficient in any manner and pointed to its full accreditation by the ACGME.
Jury Verdict
After approximately two-and-a-half days of deliberations, the jury found in favor of the Hospital on all claims.
"We're extremely gratified by the jury's verdict vindicating the Hospital's decision to ask Dr. Golek to repeat a year of his training," said St. Mary's trial counsel, Jackson Lewis Partner James Shea. He added, "All along, this case was about the duty of St. Mary's and the residency program faculty to ensure that surgical residents are trained to the highest professional standards. The jury understood that and correctly found in favor of the Hospital."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.