Abstract

In the last few years there has been a dichotomy in the law vis-à-vis health care providers. The state legislatures are imposing statutory barriers which impede the ability of patients to bring malpractice suits against health care providers. On the other hand, the courts are increasing the spectrum of legal causes of action available to patients in the pursuit of their rights against physicians and other providers of care. The duty to warn patients, even third party strangers, of foreseeable and serious dangers inherent in care and management has been expanding in recent years. The latest is the “duty to recall” patients, past and present, who have been exposed to danger resulting from treatment (and probably diagnosis as well). We report here such a case and the “law” incident thereto.