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AMI 1502 Duty of Referring Physician, Surgeon, or Dentist

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1502
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 15. Malpractice and Breach of Fiduciary Duty
AMI 1502 Duty of Referring Physician, Surgeon, or Dentist
In referring a patient, a [physician] [surgeon] [dentist] [medical care provider] must use ordinary care to select another [physician] [surgeon] [dentist] [medical care provider] who is competent to [diagnose] [treat] [operate upon] the patient. If the referring [physician] [surgeon] [dentist] [medical care provider] knows or reasonably should know that the [physician] [surgeon] [dentist] [medical care provider] to whom [he][she] refers the patient is incompetent in some manner and the patient sustains [injuries][or][damages] proximately caused by that particular incompetence, then any failure of the referring [physician] [surgeon] [dentist] [medical care provider] to use ordinary care in the selection of another [physician] [surgeon] [dentist] [medical care provider] would be a proximate cause of the [injuries][or][damages].
NOTE ON USE
This instruction should not be used when a business or other relationship exists between the persons in question, which would provide a basis for imputed negligence or vicarious liability.
COMMENT
A referring physician is not vicariously liable under the doctrine of respondeat superior for the negligence of the physician to whom a patient is referred absent negligence in the selection of the physician to whom the patient is referred. Norton v. Hefner, 132 Ark. 18, 198 S.W. 97 (1917).
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