Dr. Derm recently performed a fairly simple excision, discussed blood thinners, but failed to ask his patient about “natural” herbal intake. The patient did not take any prescription blood thinners, but did take high daily dosages of garlic and ginkgo. A lawsuit was brought against Dr. Derm. Can he really have liability for all the things people ingest these days?
It is important to note that where there are two or more recognized methods of diagnosing or treating the same condition, a physician does not fall below the standard of care by using any of the acceptable methods even if one method turns out to be less effective than another method.
Much has been written and discussed over the last decade about accountability, particularly as it applies to the issue of liability for medical decision making in the care and treatment of healthcare plan enrollees and beneficiaries.