PA: Negligent Referral to `Incompetent' Dr.: Liability Under General Negligence Principles.(Brief Article)

CASE FACTS: Suit for medical malpractice was brought in State court in Pennsylvania against a physician who allegedly referred his patients to a physician known to be incompetent. The suit was transferred to the United States District Court for the Middle District of Pennsylvania. Following the transfer of the case the defendant physician moved to dismiss the suit.

COURTS OPINION: The United States District Court for the Middle District of Pennsylvania denied the defendant physician's motion to dismiss. The court held that a physician's knowing or having reason to know that a specialist is incompetent may be a basis for the referring physician's liability under general negligence principles. The court found that in this case the plaintiff is not attempting to hold the defendant referring physician liable for not informing her of a risk involved in surgery, nor even for surgery allegedly performed poorly. Plaintiff is not even arguing that the defendant referring physician was negligent in referring the patient to an incompetent surgeon. In this line of argument, the allegedly botched surgery thus becomes the injury which was caused by the negligent referral. The court cited the case of Marchese v. Monaco, 52 N.J. Super. 474, 478, 145 A.2d 809, (1959). In that case the defendant argued that, because he had consulted with specialists as to whether it was safe to administer a drug and the dosage to be used, he had exercised reasonable care. The Superior Court of New Jersey held that the consultation with specialists is "evidence" of due care but does not alone conclusively establish due care. A general practictioner who refers a patient to specialist must comply with the same standard of care as in all other ...