Reasonable Care Duty of Physicians in Preemployment Screening Exams

Physicians performing pre-employment screening exams have a nondelegable duty of reasonable care, according to the New Jersey Supreme Court.

A man underwent a pre-employment physical exam conducted by an independent facility. Radiological exams conducted during the exam revealed that the man had a possible indication of lymphoma, and he was in need of follow-up testing. The examining physician sent the exam results to the employer and did not inform the patient of the findings.

The man's health subsequently deteriorated. He was later diagnosed with Hodgkin's disease and he ultimately died.

The man's wife sued the physician, alleging medical negligence. The plaintiff asserted that the defendant had breached the duty of reasonable care by failing to inform her husband of the abnormal x-ray results. The jury found for the defendant.

Reversing, the state court cited case law which held that in a pre-employment screening, the examination creates a relationship between the physician and the examinee. It is the duty of the physician then, to exercise reasonable care and to timely inform the examinee of any findings which may pose imminent danger to his well-being. The physician is not insulated from liability because a third party authorized the exam.

Additionally, the court said that determining whether a duty exists involves 1.) the parties' relationship 2.) the nature of the risk, and 3.) the public interest in the proposed solution. The court concluded that job candidates undergoing pre-employment screenings are entitled to rely on the examining physician to directly disclose any potentially serious illnesses that are discovered.

Consequently, the court concluded that the trial court was in error by instructing the jury that it could find that the defendant had acted reasonably by relying on the potential employer to inform the patient of any adverse findings.