Traditionally, the consultant relationship is seen as a physician-to-physician
relationship, a view that derives from the business side of consultant practice.
Until the recent growth in managed care plans, consultants were dependent on
the good will of attending physicians for referrals. Specialists who took patients
from primary care physicians by turning consultations into referrals saw their
consultations dry up, as did those who questioned the probity of the attending
physician’s care of the patient. The law, however, insists that the consultant’s
primary duty is to the patient, not the treating physician: the attending
physician is seen as the patient’s agent, with the delegated authority to hire
other physicians on the patient’s behalf.
A physician who is requested to consult on a particular case that involves
contact with the patient must first establish a physician–patient relationship
with the patient—usually accomplished by an introduction to the patient and
an explanation of the consultation requested. A consultant should not assume
that the patient has consented to the consultation simply because the
attending physician has requested it. Consultants should not rely on blanket
consents such as those that authorize treatment from “Dr. Smith and other
physicians he or she may designate.” Although these are adequate for
radiology and pathology consultations and others that do not require direct
patient contact, they should be avoided by other consultants. Observing the
courtesy of consultation is important. Treating the patient rudely increases the
probability of a lawsuit if anything goes wrong and will encourage the patient
to refuse to pay for the consultant’s services if they are not fully covered by
insurance.
The consultant should explain the nature of the consultation and any tests or
procedures that will be done. It is wise to make sure that the expectations of
the patient and the attending physician are not unreasonable. The consultant
should dissuade the patient from the idea that specialists can work miracles. A
patient who has a close and long- standing relationship with his or her
attending physician is likely to blame the impersonal consultant for problems
that arise. This is sometimes implicitly encouraged by attending physicians,
who may oversell the consultant’s services.
Consultants should do a complete evaluation of the case as soon as the patient
accepts the consultation: reviewing the patient’s chart, examining the patient
fully, and talking with both the patient and the attending physician. Relying on
information gathered secondhand is dangerous. The assumption in bringing a
consultant into a case is that the attending physician is not as skilled or as
knowledgeable about the problem as the consultant. This makes it
unacceptable to rely entirely on the history and physical in the chart. Items
critical to the specialty consultation should be verified by the consultant.