Legal Question in Medical Malpractice in Pennsylvania

Re: Medical Malpractice

DISCLAIMER:

If you believe that you have a malpractice claim, you should contact an attorney for an in person consultation NOW. I will not be representing you in this claim - This note does not establish an attorney client-relationship.

While it is possible to commit malpractice in the context of an �Independent Medical Examination�, it generally does not apply.

In order to have a Malpractice case, you have to satisfy each of four elements:

1) Duty to treat

2) Breach of the Standard of Care

3) Damages

4) Causation

The �Independent� medical examination doctor is generally a PAID advocate for the person you are opposing. If he reports his findings dishonestly, this may be medically unethical, but, this is different from malpractice.

1) His �duty� to you is questionable as you are NOT seeing him for the purposes of medical advice and treatment. In general, the only way he may be obligated to treat you, is if he learns of a new medical finding in the course of his examination, and doesn�t tell, or if he advises you NOT to get treated. They generally know better than to do this.

2) The �breach of the standard of care� - this may happen all the time - but in the absence of the other three elements, this has no meaning.

3,4) As far as damages are concerned, you did not look to this man for treatment, and in fact appear to be taking the advice of other physicians, so you have not been �medically� damaged by the IME doc. Hopefully, you have not been medically damaged, as you are seeking care elsewhere (as you should).

The damages you describe, if any, are economic, related to a report to a third party that you believe, often with good reason, is fraudulent.

The bottom line, is that IF there is a tort here, it is more in the nature of �fraud� than malpractice. This does not excuse the doctor�s behavior, but it is, with rare exceptions, not the kind of problem a medical malpractice attorney will get involved with.