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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.

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