Does a doctor have a duty to conduct an examination in a manner not to cause harm to the patient?

California, United States of America


The following excerpt is from Mero v. Sadoff, 31 Cal.App.4th 1466, 37 Cal.Rptr.2d 769 (Cal. App. 1995):

It noted that cases from other jurisdictions "uniformly hold that where no physician-patient relationship exists the doctor's only duty is to conduct the examination in a manner not to cause harm to the person being examined." (Keene v. Wiggins, supra, 69 Cal.App.3d at p. 313, 138 Cal.Rptr. 3.) Any duty to use the proper professional skills in preparing a report based on the examination runs to the person employing the physician to prepare the report, not the person being examined. (Ibid.)

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