Medical Economics answers the questions surround this issue:
Once medical advice is proffered””whether in the office, over the phone, or in a friend’s dining room, a doctor-patient relationship is established, as is a duty of care. That duty is what makes you a potential defendant . . .. . . If you think a friend or relative won’t sue you, think again. Court records are full of such cases.
Related posts:
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- Costs are forcing more patients to leave against medical advice
- Are more patients leaving the hospital against medical advice?
- Poll: Will electronic medical records really save money?
- Are the days of the independent physician coming to an end?
- Poll: Should doctors apologize after a medical error?
- The New York Times finally gets it on electronic medical records
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{ 14 comments }
I’d like to see even 10 cases nationwide where a doctor giving advice in a grocery store or at a dinner party has resulted in a lawsuit.
forget about lawsuits- it’s just annoying to be asked for your medical opinion when out at dinner, on vacation, etc.
Most of the time it’s the typical irritating patient who’s convinced his/her doctor is doing the wrong thing, they know better, and they want you to verify their own opinion of the right course of action – “i haven’t had a bowel movement in like 3 months and my doctor thinks that’s normal!” from a person who appears totally healthy and is clearly neurotic.
The article was written by a J.D.. Why don’t you ask him. I’m sure the article is written in the public interest. Pardon me, I have to scan my cocktail napkin from that advice I gave to another physician at a party last night.
“I’d like to see even 10 cases nationwide where a doctor giving advice in a grocery store or at a dinner party has resulted in a lawsuit. “
Just among my physician group, albeit large at about 200 physicians, we had two suits from hospital employees that (”just wanted to see what your think in a sidewalk consult”).
So now guess what. No sidewalk consults, or look sees, ever again.
Why would a physician ever give away their professional services anyway? And how could you give competent advice without knowing the facts? It would be like a lawyer filing an answer to a complaint he’s never read. For free.
Why? Because a lot of doctors are idiots. They have trouble controlling their Mighty Mouse Complex; the one where they hear that little “Here I come to save the DAY!” tune. It’s been drilled deep into our brains during medical school and residency. What they don’t teach you is how nasty the real world is, how self serving and meretricious some human beings can be. Hence the aphorism: No good deed goes unpunished. It’s a tough lesson to learn and most of us learn it on small things. Some have to get sued before they “get it.”
I’ve always considered it pretty bad manners to ask doctors for advice in a social settings.
I have seen a woman doing it – of all places at a singles dinner party. Here were about eight people at a round table having a pleasant conversation, she heard that one guy was a plastic surgeon and immediately started asking him about loose skin on her neck and what she can do about it. She went on and on, all attempts to change a subject to something of more general interest (e.g. weather) failed.
I think he was too polite to tell her off, but he was clearly uncomfortable. I’d imagine he was more interested in talking with a couple of young girls across the table (no, I didn’t have any personal interest – too young). For the rest of people at the table, it was totally too much information.
“Why would a physician ever give away their professional services anyway? And how could you give competent advice without knowing the facts? “
Because you don’t want to come off as an a–hole to someone who doesn’t (and won’t ever) understand the inappropriate nature of such inquiries, or how complex an answer might be to “why do i have this pain”.
Not to mention that, in an institutionalized setting like a hospital or nursing home, it is important to maintain an image of being caring and concerned. Nursing and ancillary staff are particularly chatty, just like a large office setting, for example. “Did you hear about Dr.Jerkoff? Marilyn’s been having headaches that her doctor doesn’t address, and Dr.Jerkoff didn’t do a thing!”
You think they’re chatty when you don’t give ‘em that prescription for a Z-Pak? Wait until the news of the lawsuit gets around! There’s a real practice builder for you.
“What they don’t teach you is how nasty the real world is, how self serving and meretricious some human beings can be. Hence the aphorism: No good deed goes unpunished.”
How is it a good deed to give people professional advice when you haven’t even examined them?
What makes you think that the doctor HASN’T examined the patient??
You examine a lot of people at dinner parties?
No I don’t, cuz I don’t particpate in this foolishness. The point is if soneone asks you about a sore throat, is it THAT hard for you do to the exam?
-then again, perhaps it IS hard for you.
How many sore throat malpractice claims are you aware of?
Thanks for playing.
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