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Duty to Diagnose
The first and essential duty of the healer is to
find out what is wrong, that is, to diagnose, since the physician is consulted
for the alleviation or cure of a disorder afflicting the patient.
An incorrect diagnosis in and of itself will not,
in all occasions, support a verdict in a malpractice suit. But the physician
must use ordinary care in reaching his/her diagnosis.
The law in each state varies with respect to the
duties of physicians. However, liability may arise where a physician or
surgeon fails to use due diligence in ascertaining all available facts
and collecting data essential to a proper diagnosis. The physician generally
must use such diligence, (in availing himself of various methods of diagnosis)
as are practiced by physicians and surgeons with like skill and learning
in the community. His/her failure to properly so act, may cause constitute
negligence.
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