CURBSIDE CONSULTATION AND INFORMAL COMMUNICATION IN MEDICAL-PRACTICE - A MEDICOLEGAL PERSPECTIVE

In assessing whether a consulting physician is liable as a result of a n informal (''curbside'') communication, courts examine all of the fac ts and circumstances to determine if a physician-patient relationship existed. Merely answering a colleague's question or performing a curbs ide consultation may not give rise to a physician-patient relationship ; hence, there is no liability. When duty of care can be established, a physician may be liable for medical malpractice. Infectious diseases physicians with contractual managed-care roles may have an unrecogniz ed duty of care and may actually be at increased risk of liability. Ph ysicians are also under duty to act as any reasonably prudent person w ould act on the basis of any foreseeable risk of injury to others. In general, physicians should encourage formal consultation when expert a dvice is sought because a more reliable and complete exchange of infor mation occurs before an opinion is rendered in this setting. While inf ormal interchange between colleagues is often of educational benefit, consultants should avoid giving specific advice about a patient whom t hey have not examined, answer queries in general terms, and consider k eeping a written record of the interaction.