VolumeVol. 53 • Number No. 2 • April - June 2015 Back
Legal Prescription
Duty to Disclose and Limits of Pre-Employment Examination
Authors: Rodel V. Capule
DOI: 10.65564/pjim.bf4fa2e498
Date of Publication: June 2015
Abstract
Physicians performing pre-employment or third-party medical examinations face unique legal and ethical obligations distinct from the traditional physician–patient relationship. Although no consensual therapeutic relationship exists, examiners still owe examinees a duty of reasonable care, including disclosure of significant medical findings. Failure to do so may expose physicians to liability. This article outlines the scope and limitations of an examiner’s responsibilities, emphasizing prudent practices that avoid inadvertently creating a physician–patient relationship and prevent potential medical malpractice claims.
References
- G.R. No. L-19528, December 29, 1964
- Smith v. Radecki, 238 P.3d 111 (2010)
- Hoover v. Williamson, 236 Md. 250 (1964)
- Reed v. Bojarsky, 764 A.2d 433 (2001)
- Id.
- Id.
- Betesh v. U.S.A., 400 F.Supp. 238 (1974)
- Id.