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1. What duties, if any, fall to a treating physician when a third-party payor (whether an insurance company or not) fails to advocate on behalf of the patient to gain approval of the prescribed treatment or services the physician in good faith believes is reasonably medically necessary for the patient’s care?
2 Explain the legal doctrine “Benefits Balancing” as it pertains to applying the reasonable standard of care doctrine in the medical fields. Does the defense that a majority of physicians normally do not give a particular diagnostic test in the normal course of events necessarily shield the doctors from liability?
