Negligent Selection and Retention of Physicians

Negligent Selection and Retention of Physicians

Claims Based on Fraud and Deceit

A physician and his patient are in a relationship based on the patient's trust and confidence in the integrity and good faith of the physician. Therefore, in many states a physician is held to a higher standard in his actions towards the patient, and if he or she breaches that standard, the patient may maintain a claim for fraud or deceit. However, claims for fraud or deceit may be subject to the terms of a state's medical malpractice statute.

Aggravation of Injuries in Medical Malpractice Cases

What happens if, after a patient has been injured by the negligence of a physician, he or she goes to a second physician for treatment of the injury caused by the first doctor, and the injury is aggravated by the negligence of the second doctor? The answer may be surprising. Generally, the rule is that the first physician whose negligence caused injury is also liable for additional injury later caused by the negligent treatment that the patient received from the second physician, provided that the patient used ordinary care in selecting the second physician. The patient is not obligated to find the best physician available, but is only required to act with due care and good faith in selecting the second physician. Therefore, a negligent doctor is liable not only for the injury caused by his own acts but is also liable for any additional harm resulting from the manner in which reasonably required medical services are rendered.