An interesting article in NEJM- Residents: Workers or Students in the Eyes of the Law? NEJM | January 12, 2011 | Topics: Health Law. sparks off a debate on liability of resident doctor if he errs, does the court take him as student or is he liable in the same way as senior doctors.
According to recent court verdict cited in the article --" On January 11, 2011, the Supreme Court ruled in an 8-to-0 decision (Justice Elena Kagan was recused) that the Treasury regulation making residents categorically ineligible for the student exemption was a “perfectly sensible” way of distinguishing education from service for the purposes of the tax code."
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