One of the first things plaintiffs in medical malpractice cases must do to prevail legally is to establish that a viable relationship existed between the medical provider and the patient. This may seem too obvious or simplistic, but it is a vital component of every successful medical malpractice case.
To learn more about doctor-patient relationships, continue reading below.
Why this is primary
All medical doctors have experienced this scenario in one form or another. Maybe the doctor is at a baby shower for a pregnant friend, or bowling a few frames with the league on weekends. Regardless, at some point in their medical career, all doctors eventually get approached by non-patients seeking medical advice.
Doctors can limit their liability exposure by telling the friend or in-law to call their office for an appointment or offer to refer them to a specialist in that particular health care field. But some may open the door to malpractice by even giving them a cursory look-see.
And also problematic
Suppose your brother-in-law’s father corners you at a family wedding and asks your advice about a bump on the skin. It may appear to be a benign, painless cyst, but is actually malignant. If providers opine about possible diagnoses and treatments, the patient’s response may be to ignore the issue until the skin cancer diagnosis is far advanced.
Doctor-patient relationships are formal contracts
Most doctors today avoid these out-of-office medical consults because they realize that their medical malpractice insurance won’t cover these kinds of interactions. But there can be exceptions.
Emergency treatment
Just like in the movies, doctors can be urged to render care to non-patients in emergencies, e.g., ”Is there a doctor on the plane?” These on-the-fly medical pleas typically aren’t subject to medical malpractice claims due to the exigent circumstances, i.e., that the individual may die without immediate emergency care.
If you feel that a doctor who treated you committed medical malpractice, learning more about your rights and responsibilities under California law is a good place to start.