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I am on the board of directors for our condominium assn. We

have a bylaw that states...
I am on the board of directors for our condominium assn. We have a bylaw that states no pets over 25lbs. without board approval. I am being treated for hypertension, and l have a fear of large dogs, which raises my blood pressure. A neighbor lady got a doctors excuse to have a large dog on the property, and this is very upsetting to me, my BP is sky high right now, the board will not question the doctor. If the animal is against our rules and the excuse was written without consideration for others, couldn't this be considered malpractice?
Thx.
Harry Schilling
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Answered in 20 minutes by:
10/15/2013
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
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Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Unfortunately, it is highly unlikely that the doctor's action in writing the excuse would be considered malpractice. As far as liability for doctor's malpractice goes, their liability is generally limited to the patient alone, since they only owe a duty of care to act a reasonable doctor to the patient and not others.

Medical malpractice is legally defined as follows:

"Medical malpractice is the failure of a medical professional to follow the accepted standards of practice of his or her profession, resulting in harm to the patient."

The elements are:

1) A patient doctor relationship establishing a duty of care.

2) Failure to follow the standards of practice of a doctor in treating the patient. and

3. Injuries or damages to the patient as a result of a negligent standard of care, below professional standards.


The one area where this is different is when a doctor knows that someone is planning on injuring someone else, in which case the doctor is mandated to inform law enforcement or that person, or will be held liable for the injuries to that other person.


So, unfortunately, you would not have a cause of action against the doctor. However, if your building is aware of your fear of large dogs, their decision to accept the doctor's excuse could be considered negligent if it causes you undue stress, anxiety, and possibly injury due to increased high blood pressure.


I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph
Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5,299
Experience: Attorney with significant and substantial experience in multiple areas of law.
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