Legal Question in Medical Malpractice in New Jersey

can you be sued for malpractice if you refer to colleague and they cause injury.


Asked on 9/13/10, 12:55 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

The short answer is yes.

The real question however is how far such a suit would go.

In New Jersey,after you answer (through your malpractice carrier) a medical malpractice complaint, the plaintiff has to file an affidavit of merit that is a statement from another physician that you violated the standard of care.

While I don't think this is likely, I wouldn't say it's impossible.

I could see this happening in two ways, first, if there was a problem that you should addressed without referring, second, less likely, if there was some reason you knew or should have known that the person you're referring to was not competent to handle the particular problem.

Both of the above scenarios are probably not very likely, and in any event, if the damage is done, there is nothing you can do to prevent the suit.

Notify your malpractice carrier if you are served with a lawsuit.

And if you're not, relax, and hope for the best.

Good luck.

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Answered on 9/18/10, 8:00 pm


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