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How this document has been cited

A physician cannot discharge a case and relieve himself of responsibility for it by simply staying away without notice to the patient
On the other hand, there are a number of courts which have held that the one physician is a joint tort-feasor with the other and is liable for his negligence when there is a concert of action and a common purpose existing between the two doctors.
- in Fehrman v. Smirl, 1964 and 3 similar citations
"The plaintiff's counsel was permitted to ask the jury on voir dire whether any of them were interested in a certain insurance company. This was proper. The plaintiff had a right to ascertain the fact as to their interest. True, counsel may have had a desire to let the jury know that defendants carried liability insurance, but we do not see how he or the Court could have treated …
- in Dicta and 2 similar citations
A very recent case has held that a physician jointly employed with another to treat a patient and render joint services cannot relieve himself of responsibility for negligent treatment by simply staying away without notice to the patient.
- in Nebraska Law Bulletin and one similar citation
To establish negligence for medical malpractice under the circumstances of this case, the plaintiff must show by expert testimony that the defendant did not conform to the standard of care and degree of skill ordinarily possessed by members of his school of medicine in similar circumstances.
- in Short v. Downs, 1975 and one similar citation
—the court held that "[w] hen two persons owe the same duty, and their acts tend to the same breach of duty, the wrong may be regarded as joint, and both may be held liable."
—"[i] f two or more persons are under a com-mon duty and failure to perform it amounts to tortious conduct, each is subject to liability for the entire harm resulting from failure to perform the duty." Id.;
"This treatment was made by them partly together, a little by Dr. Bolles and mostly by Dr. Sparks, but since, as shown above, they were employed by the patient together, made diagnosis together, and treated together, without withdrawal by or discharge of either, they must both be regarded as responsible for negligence if there was any."
—upon their mutual agreement;(2) upon the physician's discharge by the patient;(3) upon cessation of necessity for the doctor's continuance which had originally given rise to the relationship; eg,(4) when the doctor determines that his services are no longer beneficial to the patient;(5) when the patient is already consulting another physician in the same locality and (6) …

Cited by

414 P. 2d 797 - Or: Supreme Court 1966
3 P. 3d 422 - Colo: Supreme Court 2000
612 NW 2d 389 - Wis: Court of Appeals 2000
983 P. 2d 162 - Colo: Court of Appeals, 1st Div. 1999
5 P. 3d 329 - Colo: Court of Appeals, 4th Div. 1999
660 P. 2d 1305 - Colo: Court of Appeals, 3rd Div. 1982
213 So. 2d 321 - Fla: Dist. Court of Appeals, 4th Dist. 1968
25 Wis. 2d 645 - Wis: Supreme Court 1964
41 Haw. 166 - Haw: Supreme Court 1955
216 F. 2d 418 - Court of Appeals, 9th Circuit 1954

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