A doctor was liable for a patient he didn’t even see
Risk-management principle: “Advice given over the telephone is a high-risk gamble and should be treated with considerable caution. Any such advice should be recorded in the patientÂ’s chart. Unless the physician is in the office with the chart in front of him, however, this recommendation may be unrealistic. One physician (who has successfully defended several lawsuits) carries a pocket tape recorder with him and makes a record of every encounter, no matter how informal, for later transcription to the office chart. These notes have been extremely useful in defending delayed lawsuits, which often hinge upon who said what and when.”
That is why we send everyone to the ER after-hours. Facing a lawsuit like this is not worth the risk.