Posts Tagged ‘justifiable reliance’
With any doctor patient relationship, there should be mutual respect and trust between the two parties. Support is provided to the patient through open and honest discussion where diagnoses and treatment plans can be made and activated.
The following will help you to better understand a successful doctor patient relationship:
1. A Promise of Care in Return for Consideration
A doctor will take you into his care, then advise and treat you in return for payment or promise of payment, whether you actually pay or not.
2. A Promise of Care Creating Justifiable Reliance
A doctor on a camping trip promised his friend that his chest pain was not serious, and the friend relied on the doctor’s promise, to his detriment – the friend had a heart attack.
However, a promise of care with no consideration or reliance does not create a doctor patient relationship, such as a doctor giving advice at a social function, if you did not pay the doctor or take his advice.
With no doctor patient relationship established, the doctor cannot be responsible for any illness or injuries caused to you, since they were not caused by his advice.
3. The Doctor has to be Acting in his Capacity as a Physician or Dentist
If you express a medical or dental concern to someone who does not hold himself out as a doctor, and you do not know he is a doctor, he is not liable, and you cannot claim to have acted in reliance on his advice.
The Rule Is: If you relied on people to treat your medical or dental condition, because you were led to believe they were qualified professionals, you had the necessary doctor patient relationship, even if you do not know who they were, never saw them, or never paid them any money.
Thousands of patients suffer due to medical and dental malpractice and do not get the compensation they deserve. If you are a victim of malpractice, or your client is a victim of malpractice, contact JD.MD, Inc., today at 800-225-5363. We can provide you with an initial case evaluation or an expert opinion.