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Thomas A. Moore and Matthew Gaier Thomas A. Moore and Matthew Gaier

It is routine in the practice of medicine for physicians to make referrals to doctors of different specialties or with different skill sets. As a general rule, such a referring physician is not liable for injuries caused by malpractice of the doctor to whom the referral was made. That is to say, the referral itself does not give rise to vicarious liability on the part of the referrer for the negligence of the referred physician. However, a referral to another doctor does not automatically absolve a referring doctor of liability. This is because physicians remain liable for their own negligence in the course of diagnosing and treating their patients. The circumstances under which referring physicians may be held liable is the focus of this month’s column.

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