interesting scenario?

Members do not see these Ads. Sign Up.

An interesting question has been posed on another site, and as it is very pertinent, I am throwing it open to a wider audience.

"A pod and an FHP work in a clinic but not at the same time. The FHP asks the pod's advice about a patient (in the chair at the time) by 'phone. The pod gives advice and the FHP takes it.

Some time in the future there is a negligence problem as a result of that treatment.
Who is liable?"

Can anyone answer this ?

Dido

 

Dido,

I would suggest both. The Pod for giving advice without actually having assessed the patient and the FHP for 1) asking for advice where they should have known the pod should not give this without first assessing the patient & 2) initiating the advised treatment themselves rather than referring to the pod on a day that they were there.