Independent Medical Examinations: An Expanding Source of Physician Liability
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Independent Medical Examinations: An Expanding Source of Physician Liability. Ann Intern Med.2005;142:974-978. [Epub 21 June 2005]. doi:10.7326/0003-4819-142-12_Part_1-200506210-00007
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Re:Liability for IME doc's
What the authors are referring to is an expanding base of case law that opines 'if you add giving medical advice or treatment to the evaluation, then all those responsibilities to the patient (that you did not have when it was merely an evaluative relationship) come flying back in. I believe that's what they mean here - affirmative, as in, positive - giving of advice or treatment (as opposed to withhold advice or treatment). The case is numerous, and it is difficult to state with particularity what does, or does not, constitute treatment, because it is extremely dependent on the facts of each case. The authors are merely warning you that, if you start down that path, you can easily wind up in a treating relationship, with the concomitant responsibilities to the patient. Bruce Borkosky
Conflict of Interest:none