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Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that cases involving a doctor who, when examining an individual on behalf of a third party, commits an affirmatively negligent act that causes direct injury to the person being examined are fairly straightforward. Determining the liability of a doctor who makes an affirmative representation regarding medical findings or gives affirmative advice for treatment to the person being examined, which the person then relies upon, is more complicated, and warrants an examination of those cases in which such claims have been recognized and those that have been rejected.
April 07, 2009 at 12:00 AM
1 minute read
Presented by BigVoodoo
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