Legal status of medical students providing care?

Question

Many medical schools have clinics where med students can volunteer under the supervision of an attending doctor, and the students interview, examine, and treat patients. Is there any protection these students have from being sued for malpractice? Does the liability fall with the attending? Or can students be sued?

I guess my main question is, since doctors all have some sort of malpractice coverage, it seems that the students are most vulnerable to lawsuits. How can a clinic protect or cover its students, if necessary?

Answer 1

The school provides the liability coverage for the student.

It is of course the physicians job to watch the student and make sure the student doesn't do things that are wrong, but remember that the physician is the one making the ultimate decision of what the treatment will be.

A student theoretically could be sued, however I think it is unlikely because the physician is the one making the decision, and they are the ones who would be sued in the case of harm and improper care.

Answer 2

Since the students are supervised by a doctor, the legal responsibility is the doctor's and not the student's.I think this is OK, because the student is still learning;if he/she doesn't practice then is going to become an important malpractice law suits source.And after all, the patient consents to this(at least theoretically).The only risky part of the student's job is treating the patient.That is why the doctor needs to be careful and watch closely.

Answer 3

The liability wraps the attending in. The intern may be held liable and most affected persons rely on attorneys to wrap in every single person who drew breath in the vicinity of the plaintiff.

Answer 4

I pay part of my malpractice insurance through my tuition (it is a line item) and the rest (bulk) is paid for by the school.

Answer 5

I tend to think that if the student gets in trouble...the attending goes down also. That's usually how it works.