If a consulting physician clears a patient for surgery

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Question

If a consulting physician clears a patient for surgery

Anonymous Apr 5, 2012 Business 9 views 4 answers

and that clearance was negligent. Than the surgeon performed the surgery, can the surgeon be held liable? What if they relied on the clearance to move forward with the surgery? Is there a law or case that deals with this type of issue in NY?

Vivek Suri · Accepted Answer · 2026-06-15T10:37:04+00:00

Your medical records need to be reviewed by a lawyer in order to answer the question. Medical malpractice is a specialized field and you should consult with a lawyer as soon as possible.

Anthony T. DiPietroMedical Malpractice AttorneyNew York, NY · Accepted Answer · 2026-06-15T10:37:04+00:00

Anthony T. DiPietroMedical Malpractice AttorneyNew York, NY

Anthony T. DiPietroMedical Malpractice AttorneyNew York, NY · Jun 15, 2026

Absolutely. That's straight malpractice by the clearing physician. I've handled several cases like this. LMK if you need more info.

0 upvotes

Eric Rothstein · Accepted Answer · 2026-06-15T10:37:04+00:00

If the negligence is related to the clearance then the doctor who gave the clearance can be liable. The surgeon likely isn't liable unless there was something that should have made him/her question the clearance.

William Burdo · Accepted Answer · 2026-06-15T10:37:04+00:00

It would be extremely difficult to hold the surgeon liable for a negligent surgery clearance as the surgeon has a right to rely upon the opinion of the clearing doctor. Typically, the only way the surgeon could be held liable for a negligent clearance would be if he/she knew, or had reason to know, that the clearance work-up was improper or inadequate. Of course, the clearing physician would be liable for his/her own negligence for an improper clearance. William T. Burdo, Esq. 114 Old Country Road Suite 460 Mineola, New York 11501 516.248.7575

If a consulting physician clears a patient for surgery

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