Comprehensive and Detailed Explanation:

Providing clinical advice (particularly treatment advice) without formally seeing or evaluating the patient creates a physician-patient relationship, potentially establishing a duty of care. If the advice leads to harm, you could be found liable, even if you never saw the patient directly.

Toronto Notes 2023 – Legal Medicine:

“Giving specific medical advice about diagnosis or treatment may imply a physician-patient relationship and establish duty of care.”

MCCQE1 Objectives (ELOM > 90-2: Legal Risk Management):

“Candidates must understand that liability can arise from informal consultations where medical advice is given.”

Providing advice (D) is riskier than simply hearing about a case or patient (A, C). Recommending consultation (B) does not establish duty of care. Not seeing the patient (E) does not automatically shield from liability if treatment advice was given.

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