The legal context for evaluating and dismissing medical students and residents

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Abstract
Medical school faculty often cite the fear of litigation as a reason for their reluctance to offer candid evaluations of students ' and residents ' performances and to dismiss them when necessary . This article is written to reassure faculty that they have nothing to fear from the courts and that they should uphold high academic standards . Three legal issues of concern to faculty are addressed : What does fair and equitable treatment entail ? What are the due process requirements for academic dismissals ? Are negative performance evaluations libelous and defamatory ? Recommendations are made to meet legal requirements and to promote academic excellence .

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