48. Liability & Treatment Relationships

Question 1

A patient is receiving an independent medical evaluation. A murmur is detected on physical exam and the physician suggests to the patient that he should follow-up with a cardiology. Is this physician liable?

A. Yes
B. No
C. Um maybe, IDK

SZ

Answer 1

Ans. A Yes

Usually an IME physician does not have a treatment relationship with the patient since they are hired by a 3rd party. No treatment is usually involved. However, the physician can cross the line if he makes a recommendation to the patient (i.e seeing a cardiologist).

Question 2

Which of the following is not one of the 6 exceptions to physician duty?

A. Information already known
B. Therapeutic privilege
C. Emergency 
D. Conscious-Based Objection
E. Detrimental Reliance 

SZ

Answer 2

Ans. E Detrimental Reliance

Detrimental Reliance means a promise was made, could be counted on, but was not delivered. This is not an exception to physician duty but a failure to met expectations of the patient.

The 6 exceptions to physician duty are information already known, emergency, therapeutic privilege, waiver, public health, and conscious-based objection.