The tradition of having first-year medical residents work 24-hour shifts has long raised concerns that sleep deprivation has caused errors that harmed or killed patients. Acknowledging those possibilities, the Accreditation Council for Graduate Medical Education has placed a restriction on teaching hospitals that limits first-year residents to working no longer than 16 consecutive hours. Second- and third-year residents are still permitted to work 24-hour shifts.
The decision to limit the time first-year residents can spend seeing and treating patients was made to improve patient safety, but some are concerned that the restriction might actually produce less-prepared doctors. “These first-year residents need training under their belt,” Chairman of the Department of Surgery at EVMS and president of the American College of Surgeons Dr. L.D. Britt told the Virginian-Pilot. He doesn’t want the restrictions to “dumb down their profession.”
Doctors have much to learn, so it is important that they get enough practical experience. Still, hospitals all over the nation are abiding these new restrictions to keep their accreditation. The health care facilities are also complying with rules to provide more direct supervision to residents and to ensure trainee doctors have access to “call rooms” in hospitals where they can get some peace and quiet and even catch up on sleep. Instruction of residents now includes information about the effects of sleep deprivation, as well.
There was a case in 1989 in which an 18-year-old college freshman died whike under the care of overworked medical residents. Soon after, New York passed the Libby Zion Law, which restricts residents in the state to working no more than 80 hours a week.
As a Virginia (VA) personal injury lawyer, I see cases medical malpractice almost every day. I cover various forms of doctors mistakes, which include surgical errors, misdiagnoses and negligent care. Instances of malpractice due to lack of sleep should not occur.
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About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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