Medicolegal Issues

The High Cost of “Free Advice”

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IN SUM
Don’t give “free advice” too freely. Document advice and options, and make sure the patient understands them. Understand that providing advice establishes a clinician–patient relationship and that you are legally responsible for advice given.

Beware of dispensing advice electronically or over the phone, where you are off your turf and lack the usual preconditions to high quality care (eg, a chart, vital signs, a medication/allergy/problem list). Never provide advice in situations where you cannot do so (my recurring favorite: a request for telephone diagnosis of a rash you’ve never seen). Dispense advice as you would medication: cautiously and with documentation. —DML

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