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Open Access Publications from the University of California

Three Cases of Emergency Department Medical Malpractice Involving “Consultations”: How Is Liability Legally Determined?

  • Author(s): Aldalati, Alaa;
  • Bellamkonda, Venkatesh;
  • Moore, Gregory;
  • Finch, Alexander
  • et al.

This article presents three successfully litigated medical malpractice cases involving emergency physicians and consultants. We discuss the respective case medical diagnoses, as well as established legal principles that determine in a court proceeding which provider will be liable. Specifically, we explain the legal principles of “patient physician relationship” and “affirmative act.”

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