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Academic Medical Centers & Graduate Medical Education

Franczek counsels and litigates on behalf of medical schools and medical centers in matters involving medical residents, faculty, administrators, physicians, employees, fellows, students, and patients.  We draft and revise medical residency policies, including procedures governing evaluation, discipline, and termination.  We help medical schools and medical residency programs manage issues involving medical residents, including allegations of harassment, internal grievances, and challenges to termination decisions.  We also have unparalleled experience helping institutions consider, implement, and defend decisions to reduce or close health care programs; we have defended closure-related lawsuits brought by students, faculty members, accrediting agencies, and patients, and we have also written extensively on these issues.

Our experience with academic medical centers and graduate medical education includes:

  • Coordinating and leading the defense of multi-party actions involving academic medical centers facing a wide range of claims in state and federal court, including claims by medical faculty members against universities and their affiliated hospitals and physician practice groups
  • Defending against injunctive, employment, breach of tenure, detrimental reliance, and other actions by administrators and faculty arising out of program closures
  • Defending against abandonment-of-care claims by patients using a clinical program scheduled to be closed consequent to a program closure
  • Defending against medical student claims, including reliance claims by a medical student impacted by program closure and retaliation/harassment claims by a former medical resident alleging interference with ongoing attempts to secure future employment
  • Representing academic medical centers and hospitals in appeals of medical malpractice decisions, negligence actions, and charitable gift disputes