California Psychiatric Association Documents
Utilization of Psychiatry and Psychiatric Specialists in Managed Care
Systems Appendix IV
Standard Jury Instruction stating the legal obligations of health
care providers.
Pt.6 MEDICAL NEGLIGENCE 6.04
BAJI 6.04
DUTY TO REFER TO SPECIALIST
It is the duty of a physician who is a general practitioner to [refer a
patient to a specialist] [recommend the assistance of a specialist! if under
the circumstances a reasonably careful and skillful general practitioner
would do so.
If the physician fails to fulfill that duty and undertakes or continues
to perform professional services without the aid of a specialist, it is
the further duty of the physician to have the knowledge and skill ordinarily
possessed and exercise the care and skill ordinarily used by reputable specialists
in the same field and in the same or similar locality and under similar
circumstances.
A failure to fulfill any such duty is negligence.
USE NOTE
This instruction will require revision if the duty of one specialist
to consult with another specialist or refer his patient to another specialist
is involved.
This instruction may be adapted to a legal malpractice case. Hone v. Peckham
(1979) 97 Cal. App.3d 404,414,158 Cal. Rptr. 714, 720.
COMMENT
Seneris v. Hass (1955) 45 Cal.2d 811,826,291 P.2d 915, 924, 53 A.L.R.2d
124;
Simone v. Sabo (1951) 37 Cal.2d 253, 257, 231 P.2d 19, 22;
Sinz v. Owens (1949) 33 Cal.2d 749, 758,205 P.2d 3, 8, 8 A.L.R.2d 757.
Utilization of Psychiatry and Psychiatric
Specialists in Managed Care Systems
Appendix I, Appendix II, Appendix
III
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