Irby D M, Milam S
Department of Medical Education, University of Washington School of Medicine, Seattle 98195.
Acad Med. 1989 Nov;64(11):639-43. doi: 10.1097/00001888-198911000-00001.
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.
医学院教员常常提到，担心引发诉讼是他们不愿对学生和住院医师的表现给出坦诚评价以及在必要时将他们开除的一个原因。撰写本文的目的是让教员放心，他们无需惧怕法庭，而且应该坚持高标准的学术要求。文中讨论了教员关心的三个法律问题：公平公正的待遇意味着什么？学术开除的正当程序要求有哪些？负面的绩效评估是否构成诽谤？文中还给出了一些建议，以满足法律要求并促进学术卓越。
