Medical student Kgothatso Legong demonstrates a scenario in which a student doctor could potentially be held liable for a medical emergency.

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Analyse the following scenario: In a busy day at the emergency department, a student on call with the Internal Medicine registrars was instructed by another doctor from a different department to put in a urine catheter in a male patient. During the procedure, the student noticed that the patient was very uncomfortable and started bleeding. The medical student tried to notify the doctor who gave her the instructions was did not find her. The student then saw it fit to abandon the procedure and notify the doctor about the complication as soon as possible. The situation resulted in a urological emergency.

The question become, if the patient could decide to sue the treating doctor, or the hospital, can the medical student as well be held accountable?

Yes. Medical students, while still in training, may have direct patient contact under the supervision of licensed healthcare professionals. If a medical student acts negligently and that negligence leads to harm to a patient, they could potentially be held liable.

However, liability often depends on several factors:

1. Supervision

If the medical student was acting under the supervision of a licensed physician or healthcare provider, the supervising role often bears the primary responsibility for the patient’s care. Supervision also extends to interns who are not independent practitioners.

2. Standard of care

The standard of care for medical students is typically different from that for fully licensed professionals. Courts may consider the student's level of training and experience when assessing negligence. Students are also advised to not practice beyond their level of knowledge or skill. Remember, a good doctor knows when to refer and a good student knows when to call for help.

3. Vicarious liability

Employers, such as hospitals or clinics, may also be held liable for the actions of their employees, including medical students, if they were acting within the scope of their duties. Vicarious liability can also be taken up by the university the student could be registered with.

4. Malpractice insurance

Many medical schools and hospitals carry malpractice insurance that can provide coverage in such cases, which may help mitigate personal financial liability for the medical student.

Some of the ways a student can avoid legal action being instigated against them for medical negligence.

1. Preparation and learning

The student must adequately prepare for the procedure by reviewing relevant medical literature, practicing techniques in simulations, and asking questions to clarify uncertainties.

2. Informed consent

Depending on the level of their involvement, students may participate in obtaining informed consent from patients. They should ensure that they fully understand and communicate the procedure's implications.

3. Communication

It is essential for the student to communicate effectively with both the supervisor and the patient, especially concerning their training status and the nature of their involvement in the procedure.

If push comes to shove and a student finds themself at the other side of the law, Medical Protection can provide the following services to their students’ members:

• Medicolegal Advice: Guidance on ethical issues, patient safety, and consent.
• Complaints Support: Help responding to and resolving patient complaints.
• Expert Legal Team: Access to a dedicated team, including clinical negligence attorneys and medicolegal consultants.

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