A medical trainee reported being named as a defendant in a civil lawsuit alongside dozens of others in an anonymous physicians' group in Facebook. A situation some clinicians encounter when plaintiffs’ attorneys include all possible care providers in claims. The post goes like this.
"I was recently named in a lawsuit as a fellow in training along with dozens of other people. I’ve recently accepted a job (I’ve accepted the position but the full contract has not been executed yet) as I’ll be graduating soon and will be applying for licensure in a new state. My understanding is that I have to notify the licensing board when I’m applying for my license but should I go ahead and let my future employer know as well? I’m worried that they might pull my contract if I go ahead and tell them but at the same time I’m worried that if I don’t tell them, they will think I’m dishonest. I really don’t know what to do. Talking to the lawyers on the case, they think all the trainees will be removed off the case and ultimately the case might get thrown away bc it’s a bunch of garbage and lies. But this might take months or even a year! Does any one have any advice or suggestion? "
The trainee is soon to graduate, has accepted a job pending contract execution, and faces questions about whether to disclose the lawsuit to the prospective employer and state licensing board.
Comments from members of the physician Facebook community, including attending physicians, medical executive committee members, and credentialing committee participants described common practices, professional expectations, and legal considerations when a trainee is named in a lawsuit.
One member from the community commented to report the lawsuit anyways since it will soon out in the open.
Hi as someone who sits on my hospital's medical executive committee we find out one way or the other if someone is named in a lawsuit before the credentials are approved. The best thing to do is to notify your employer yourself as a gesture of honesty. Every employer is different but when we get notified of someone being named in a lawsuit, we consult our legal team and 99.9% of the time still proceed with the employment for pending cases unless it is something huge, in which case the committee decides on a case by case basis.
Most of the users commented that keeping the integrity and being upfront and honest will benefit in the long run compared to the discomfort in disclosing it.
Another doctor recalled how in his long practice he had been sued but the attorney didn't even show up for the court and this will happen to doctors because of ambulance chasing attorneys.
Been in practice 19 yrs. Sued once. Frivolous lawsuit. Plaintiff attorney didn’t even show up to court. Case dismissed. You unfortunately got entangled as a trainee. Definitely report. U will likely be sued again even if u followed standard of care as long as bottom feeding low life ambulance chasing attorneys exist. Welcome to medicine.
In general, all the doctors who have served for decades, advised it is in the best interest of the person to disclose the lawsuit to the employer, so that job doesn't not begin in a wrong footing or a dishonest manner.
Medical malpractice claims often include everyone involved in patient care, even if some are not directly responsible for alleged harm. This can include residents, fellows, nurses, or other trainees, typically at the earliest stage of litigation.
Commenters noted that:
Plaintiffs’ attorneys sometimes include all providers on the “initial complaint” to potentially increase settlement leverage.
Trainees are frequently dropped from the lawsuit once case facts are clarified during early pretrial proceedings or discovery.
Being named does not by itself indicate wrongdoing or liability.
One community member with eight years’ experience on hospital credentialing committees said, “There is a high chance that you will get taken off of the lawsuit,” and former residents observed that "trainees are almost always dismissed as the case proceeds."
However, some participants described exceptions where lawsuits were not dismissed quickly and concluded only after extended litigation.
Not so fast my friend on the dropped part. PGY18 and was not dropped in a lawsuit as a resident when I was repetitively told that I would be/should be. Mine took 5 years after residency to finally make it to trial and to be told we were not liable. You have to report to employer.
Most U.S. state medical boards require applicants to disclose:
Pending lawsuits
Medical malpractice claims
Board investigations or disciplinary actions
Requirements vary by state; for example, some applications ask about pending claims, and others focus only on final judgments. Applicants typically must provide a narrative explanation when asked about legal actions.
Healthcare professional licensing authorities, such as state medical boards, aim to evaluate integrity, clinical competence, and public safety, not to penalize clinicians merely for being named in a lawsuit.
Several practicing physicians and credentialing committee members in the thread advised that:
Employers often learn about lawsuits during the credentialing process or through background checks.
Disclosure by the physician demonstrates transparency and integrity.
Credentialing committees consult legal, risk management, and malpractice professionals when reviewing pending claims.
One hospital medical executive committee member said, “The best thing to do is notify your employer yourself as a gesture of honesty.” Others described how disclosure rarely “kills” a contract, credentialing offices understand that lawsuits are common and not inherently indicative of poor care.
Another commenter with experience on credentialing committees stated, “Do NOT keep this from your future employer, lying to MEC/hospital credentialing is a bad idea.”
Physicians typically obtain malpractice insurance through:
Employer-provided coverage
Group or institutional policies
Individual carriers, especially in private practice
Malpractice insurers often assist with defense and can prepare disclosure language for credentialing and licensing applications. One commenter recommended working with one’s malpractice carrier to generate an approved statement explaining the lawsuit’s context.
To conclude, everyone i general asked the person who posted to disclose the details about lawsuit in order to avoid issues in the future.