Legal issues in faculty evaluation of student clinical performance

Faculty evaluation of the clinical performance of medical students and residents is a great responsibility. However, many faculty members are reluctant to fulfill this responsibility with complete candor because of the fear of legal liability and lawsuits by dissatisfied students. This article examines current methods and uses of evaluation and problems created when they are incomplete or disingenuous. Legal issues arising in this process are then discussed, with emphasis upon the Supreme Court's 1978 Horowitz decision. Finally, the substantive and procedural implications of Horowitz for faculty practice are explained. It is argued that the law permits and encourages full and honest faculty evaluation of clinical performance.