What Should I Do If My Residency Contract Is Not Renewed?

If your residency contract is not renewed, do not assume you have no options. You may have options to challenge the decision, request a review, or address concerns raised by the program. Here is what to consider if you are a medical resident whose contract has not been renewed.

Why Would My Residency Contract Not Be Renewed?

Non-renewals can happen for several reasons. A program may decline to renew a resident because of:

• Documented academic or clinical deficiencies
• Failure to meet competency requirements
• Professionalism concerns
• Examination issues

However, the reason given might not be accurate or completely tell your story. Regardless of the reason, make sure you get it in writing. 

Was the Non-Renewal of My Residency Contract Justified?

That depends, and it is certainly worth scrutinizing. You should determine:

• What specific deficiencies or concerns were identified?
• When were those concerns first raised?
• Were you given evaluations or other documentation?
• Were you placed on probation or remediation?
• Were you given an opportunity to address the concerns?
• Were the program’s stated standards applied consistently?
• Did the program follow its own policies?
• Were similarly situated residents treated differently?

What Should I Look for in My Residency Contract?

When reviewing a medical residency contract, certain terms can be especially important if you are concerned about non-renewal. Pay attention to the following:

• Term of the contract: Check when the agreement begins and ends. Some residency contracts last one year and require a new agreement for each additional year. Make sure you understand whether renewal is automatic or depends on the program’s decision.
• Non-renewal notice: Look for language explaining when and how the program must notify you that your contract will not be renewed. The contract may include specific deadlines or notice requirements.
• Performance standards: Review the requirements for academic performance, clinical skills, professionalism, patient care, and other areas. These standards may be used when deciding whether to renew your contract.
• Program policies: Your contract may require you to follow a residency handbook or institutional policies. These policies may include additional requirements and procedures for evaluations, probation, remediation, and non-renewal.
• Appeal or grievance rights: Look for procedures that allow you to challenge certain decisions. These may include deadlines for filing an appeal, requesting a review, or responding to concerns raised by the program. Understanding these procedures quickly can be important if you receive a non-renewal notice.

What Should I Do After Finding Out That My Contract Was Not Renewed?

One of the most important things you can do after receiving a non-renewal notice is determine whether there are deadlines for taking action. Your residency program may have specific time limits for requesting a review, filing an appeal or grievance, responding to complaints, challenging an evaluation, requesting a hearing, or providing additional documentation. These deadlines can be short, and waiting too long may make it harder to challenge the decision or protect your rights.

Frequently Asked Questions 

Should I consult a medical resident lawyer?

If you think your residency non-renewal was handled unfairly or did not follow your contract or program policies, it may be worth talking with a lawyer who works with medical residents. They can review what happened, look at your records and communications, explain your options, and help you decide what to do next.

How can a medical resident attorney help me be proactive about non-renewal?

One of the first steps is reviewing your residency contract and related program policies to identify language that could affect renewal. An attorney can explain important terms, including performance requirements, notice deadlines, termination provisions, remediation procedures, and appeal or grievance rights.

An attorney can also help you understand what the program is required to do before deciding not to renew your contract. If you have received negative evaluations, been placed on probation, or received concerns about your performance, legal guidance from a medical residency attorney can help you understand how those issues may affect your future with the program.

What documentation should I keep if my residency contract is not renewed?

Whether things are going well or you are concerned, residents should be very good at documenting everything. Good documentation is helpful in the case of contract non-renewal. You should keep:

• Clinical and academic evaluations
• Rotation evaluations and competency assessments
• Examination results and related communications
• Emails and letters concerning performance or the non-renewal decision
• Notices of meetings or meetings addressing performance concerns
• Remediation plans or performance-improvement plans
• Written feedback regarding academic, clinical, or professionalism concerns
• The residency contract, renewal/non-renewal notice, and applicable program or institutional policies

What should medical residents look at in the residency contract?

Medical residents should carefully review any contract language that explains their responsibilities, performance expectations, and what happens if the program does not renew the agreement. Important terms to look for include:

• Contract term: Check when the agreement starts and ends and whether a new contract is required each year.
• Performance requirements: Review academic, clinical, professionalism, and patient-care standards.
• Probation and remediation: Understand what happens if the program believes you are not meeting expectations and whether you have an opportunity to improve.
• Termination: Check when the program can end the contract before its scheduled expiration.
• Appeals and grievances: Look for procedures and deadlines for challenging certain decisions.
• Due process: Understand what procedures apply before serious actions are taken against you.

Contact a Medical Resident Attorney Today 

Having your medical residency contract not renewed can be frustrating and disheartening, especially after the time and effort you have invested in your program. However, you may have options, and it is important to understand your rights before deciding what to do next. A medical resident attorney can review your contract, program policies, and the circumstances surrounding the non-renewal. Speaking with an attorney early can help you understand your options and determine the best path forward. Contact our office for immediate assistance.