What is the difference between a licensed physician and a plaintiff in a medical malpractice case?

California, United States of America


The following excerpt is from Reuter v. Superior Court, 155 Cal.Rptr. 525, 93 Cal.App.3d 332 (Cal. App. 1979):

The party being examined is interested in the examination being performed competently and safely. The party requesting the examination wants a thorough and competent diagnosis. Both parties should desire an accurate appraisal of the damages suffered. The state also has an interest in medical procedure being performed with insured safety (see Roe v. Wade, 410 U.S. 113, 150, 93 S.Ct. 705, 35 L.Ed.2d 147). Of all the practitioners of healing arts, the licensed physician has plenary authority to practice medicine. (See 30 Ops.Cal.Atty.Gen. 313.) His practice is not limited to any particular part of the body. He is the practitioner most likely to adequately appraise all of the patient's injuries.

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