Ekmark v. Matthews (Summary)

DUE PROCESS: RESIDENCY

Ekmark v. Matthews, No. 12-50808 (5th Cir. Apr. 5, 2013)

The United States Court of Appeals for the Fifth Circuit affirmed a lower court’s grant of summary judgment to a psychiatry residency program director and head of graduate medical education who were sued by a resident who was suspended from the program, lost his physician-in-training permit from the Texas Medical Board and lost his hospital privileges at the VA hospital after allegations surfaced that he had an inappropriate relationship with a VA hospital patient.  The residency program gave the resident two opportunities to “present his account of the situation” but he denied the allegations.  His request for a hearing at the VA hospital was denied.

The circuit court agreed with the lower court that the resident had no “property interest in his certification or ongoing education and was not entitled, under the Fourteenth Amendment, to a formal grievance hearing.”  The court went further and ruled that, even if the resident did have a property interest in continuing his residency, he received all the process he was due, noting that students are not entitled to the same due process protections.