Examining Physicians Have A Duty To Exercise Reasonable Professional Care

While the court did not intend to impose upon the examining physician the same duty owed to the traditional patient, the examiner will be subject to third party liability if the professional fails to diagnose a condition for which the claimant presents symptoms and complaints. A forty-year old individual was unable to continue to work because of vision problems. The claimant claimed that he was unable to drive a car because of decreased vision. The claimant appeared at a physician's office for an examination for Social Security Disability Benefits at the direction of the reviewing agency. The examining physician noted the petitioner's complaint of poor vision and administered eye chart tests and concluded that the claimant was in fairly good health although, his eyesight could be better. The claimants problems continued and he saw an ophthalmologist who referred him for MRI studies. Diagnostic tests revealed a large brain tumor in the optic chasm which was the cause of his visual difficulties. Surgical excision of the tumor was required and follow-up radiation treatments were conducted. The Social Security Administration finally awarded disability benefits and the claimant was permitted to proceed against the examining physician for professional negligence. Ranier v. Frieman (App.Div.1996).