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Doctors who injure patients during the independent medical examinations required for plaintiffs in personal injury cases are subject to medical malpractice claims, not actions for ordinary negligence, a widely divided state Court of Appeals ruled yesterday. The majority of the 4-3 Court held that a "limited physician-patient relationship" exists during such examinations, typically performed at the behest of insurers to determine the extent of injuries plaintiffs suffered in prior accidents. The the 2 1/2-year statute of limitations for medical malpractice should apply to any claims brought against doctors for harm done during the exams, the majority said.
June 25, 2009 at 12:00 AM
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