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Occupational Medicine 1999;49:189-192
© 1999 Society of Occupational Medicine

other

The duty of care of the occupational physician in assessing job applicants

Robert Seabrook Q.C. and Ben Collins

1, Crown Office Row, Temple, London EC4Y 7HH, UK

Where an occupational physician carries out a medical assessment of a job applicant, he or she owes a duty to the employer but not to the applicant, unless actual physical harm is caused. If the applicant is unsuccessful as a result of an assessment which is alleged to be negligent, he or she cannot sue the physician. This is essentially because (i) the relationship between the physician and the applicant is insufficiently close, and (ii) the physician might be faced with a conflict of interest since differing duties might be owed to the employer and to the applicant.

Keywords      Duty to job applicant; employment medical examination; medical reference

Received       30 June 1998
Accepted       30 July 1998


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