Malpractice liability for informal consultations.
BACKGROUND
Informal ("curbside") consults are widely used by primary care physicians. These interactions occur in person, by telephone, or even by e-mail. Exposure to malpractice liability is a frequent concern of subspecialty physicians and influences their willingness to engage in this activity. To assess this risk, we reviewed reported judicial opinions involving informal consultation by physicians.


METHODS
A search of the existing medical literature, and of the Westlaw national database was undertaken to identify reported judicial opinions involving informal physician consults that address whether informal consultations create a legal relationship between consulting specialist physicians and patients that gives rise to a legal duty of care owed by the consulting specialist to the patient.


CONCLUSIONS
Courts have consistently ruled that no physician-patient relationship exists between a consultant and the patient who is the focus of the informal consultation. In the absence of such a relationship, the courts have found no grounds for a claim of malpractice. Malpractice risks associated with informal consultation appear to be minimal, regardless of the method of communication. While "informal consultation" is not a term used by the courts, the courts have applied a consistent set of criteria that help define the legal parameters of this activity.
Olick
Robert S
RS
Center for Bioethics and Humanities, SUNY Upstate Medical University, Syracuse, NY 13210, USA. olickr@upstate.edu
Bergus
George R
GR
D006801:Humans; D016365:Liability, Legal; D008318:Malpractice; D010817:Physician-Patient Relations; D011320:Primary Health Care; D012017:Referral and Consultation / Q000331:legislation & jurisprudence*