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DUTY OF PHYSICIAN AND SURGEON; GENERAL PRACTITIONER’S DUTY TO REFER TO SPECIALIST

It is the duty of a physician or surgeon who is a general practitioner to [refer his patient to a specialist] [recommend the assistance of a specialist] if a reputable general practitioner practicing in the same or a similar locality would do so under similar circumstances.

If he fails to perform that duty and undertakes or continues to perform professional services without the aid of a specialist, it is his further duty to have the knowledge and skill ordinarily possessed, and exercise the case and skill ordinarily used, by reputable specialists in the same field.

A failure to perform any such duty is negligence.

NEV J.I. 6.04

BAJI 6.04

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.