Title: Legal 'duty to warn' third parties not always clear: Seven guiding principles to minimize liability lawsuits
Abstract: Liability for medical malpractice is generally based on the physician9s to his or her patient. Proving that a doctorpatient relationship exists is sufficient to establish the duty element of a malpractice suit. However, a plaintiff may establish malpractice liability without the showing of a doctor-patient relationship. While some courts dismiss these cases, holding that there can be no liability absent the doctor-patient relationship, others have held that the physician does owe a to in some circumstances. Physicians should be aware that the sphere of the physician9s to third parties is expanding. This article will identify some of the more frequent sources of a physician9s exposure to third party liability as demonstrated by developments in the case law.
Publication Year: 1999
Publication Date: 1999-04-01
Language: en
Type: article
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