Arizona Court of Appeals Div. I Holds Independent Medical Examination Doctor Can be Sued for Medical Malpractice

In an opinion upholding a jury verdict finding a worker's compensation insurance carrier's IME physician liable for medical malpractice, the held that even absent a formal doctor-patient relationship, a doctor conducting an Independent Medical Examination owes a duty of reasonable care to the patient. The IME doctor wrote a report that the patient was stable, not in need of further treatment, and could return to work, despite the fact that the patient was suffereing from a spinal cord compression injury. The compensation carrier denied him any further treatment. By the time the patient was able to get care from other sources, he had suffered a permanent injury, which ultimately resulted in his death. Begam, Lewis & Marks handles medical malpractice cases and has more than 40 years experience. Call for a free consultation.

To read the full opinion: http://www.cofad1.state.az.us/opinionfiles/CV/CV080099.pdf