Does physician duty of care extend beyond the patient to third parties?

Consider the following scenario: A patient seeks emergency care at South Nassau Communities Hospital in Oceanside, N.Y., and is discharged with medications, including a narcotic. The patient allegedly becomes unconscious from the medications while operating a car and crashes head on into a bus, injuring the driver. Is the physician responsible?

The Litigation Center of the AMA and State Medical Societies and the Medical Society of the State of New York say no, the physician is not responsible, according to an opinion presented by the AMA.

The event described above actually occurred, and was recently brought before the New York Court of Appeals. The court is examining the issue after the bus driver appealed a decision from a lower court that there were insufficient claims.

If the physician were responsible for third parties, it would make physicians "liable to a prohibitive number of possible plaintiffs," the statement reads.

 

More articles on integration and physician issues:

Couple gives $92M to Northwestern University's medical school
Nebraska 20th state to grant NPs full practice authority
67% of physicians know a colleague considering leaving medicine

Copyright © 2024 Becker's Healthcare. All Rights Reserved. Privacy Policy. Cookie Policy. Linking and Reprinting Policy.

 

Featured Whitepapers

Featured Webinars