Question:

Is it a crime for a medical school to falsify a reference for a resident?

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A Department Chairman signed a form that a medical resident had no problems that he knew of when he actually knew this resident had been suspended, had mental problems, had numerous complaints by staff members as well as patients. This same chairman had actually issued the resident's suspension.

The same thing happened with another resident who was also suspended and went on to be arrested for prescription fraud. Would these cases be considered fraud? What law agency would want to investigate? Is there a statute of limitations?

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3 ANSWERS


  1. Yes, but you need proof that he knew.


  2. yes its call falsifying records. this charge falls under the state and the states attorney general should be notified.  

  3. No, a reference is simply an opinion and people cannot be sued for having opinions.  But I wouldn't be so quick to assume that the Department Chair wrote a good reference.  In these days of frequent litigation over the smallest of slights, it is possible to write a reference that does not contain a negative, yet conveys the message that something is amiss.  Most references are verified and it is very easy to write in a manner that would compel the reader to call.  

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