Here is a medical malpractice case in which a physician for the Workers Compensation board examines an injured worker, and tells him that a request for surgery will not be granted, and that the worker does not need surgery, only physical therapy. Even though the examining physician is not plaintiff’s doctor, he is denied summary judgment.
This medical malpractice case is of interest to legal malpractice practitioners, because it is a stong example of liability without privity. Think for a while, and analogies come to mind. A second opinion by an attorney? An attorney for an insurance company turning down a claim? An opinion letter?