Family, friends, and caregivers frequently
give priceless advice to a physician that can significantly help in diagnosis.
How does this information affect possible lawsuits down the road? For example,
what if the doctor doesn't use this advice? Can a doctor use this information
in the defense of a liability claim and can a jury use it in their
deliberations?
In one case in 2014, a doctor wasn't held liable because the physician was told by buddies of the patient several weeks after the incident, that cocaine was often used by the patient. The physician had been sued for liability because the doctor had made no attempt to recognize the cause of a cyst before draining it. During that procedure the patient went into cardiac arrest. The outcome was in favor of the physician as the jury determined that the cardiac arrest was caused by the patient's unhealthy behavior. Another case in Florida allowed that the physician might still have some liability even in the event the patient's unhealthy behavior contributed to the outcome. Even in the event the patient's behavior was likewise contributory, it is possible that the doctor is also partially negligent.
The best advice is for physicians to check health information provided by family and friends. This advice also has to be documented completely in the patient's chart as well as the attempts made to check the info. If the physician faces a challenge in court, this documented and verified advice will likely be accepted as a legal defense against liability.
In one case in 2014, a doctor wasn't held liable because the physician was told by buddies of the patient several weeks after the incident, that cocaine was often used by the patient. The physician had been sued for liability because the doctor had made no attempt to recognize the cause of a cyst before draining it. During that procedure the patient went into cardiac arrest. The outcome was in favor of the physician as the jury determined that the cardiac arrest was caused by the patient's unhealthy behavior. Another case in Florida allowed that the physician might still have some liability even in the event the patient's unhealthy behavior contributed to the outcome. Even in the event the patient's behavior was likewise contributory, it is possible that the doctor is also partially negligent.
The best advice is for physicians to check health information provided by family and friends. This advice also has to be documented completely in the patient's chart as well as the attempts made to check the info. If the physician faces a challenge in court, this documented and verified advice will likely be accepted as a legal defense against liability.
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