Medical Malpractice in Diagnosis

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Abstract
IT is commonly said that physicians cannot be held liable for "mere errors in professional judgment." This is taken to mean that there is no liability for an erroneous diagnosis. However, the courts have held that this doctrine applies only when the physician has examined the patient, taken an adequate history and conducted the accepted diagnostic tests and procedures. In two important decisions, the federal courts have reaffirmed this qualification on the basic doctrine.In Clark v. United States 1 the Court of Appeals for the Fourth Circuit was called upon to interpret the leading case in the field, Hicks v. . . .

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