The Physician-Patient Relationship: It’s Not that Simple

The physician-patient relationship is a foundation of the medical profession. This relationship is the mechanism by which diagnoses are made and treatment is rendered. This relationship is a complex legal issue that determines when a physician has a duty to a patient and, therefore, when a physician can be sued for medical malpractice in the event of a breach of said duty.

 

What determines if the relationship exists between the physician and the patient? Obviously, a patient-physician relationship is formed anytime a physician affirmatively acts by examining, diagnosing, or treating a patient; however, it is not always that simple.

 

A physician may establish a relationship with a patient without ever having contacted or met the patient. One Florida court determined that whether a physician-patient relationship had been established was a question for the jury where an employee of a drug rehabilitation facility contacted a doctor friend and advised that a young girl was running a high fever and either was, or had been, on drugs.1 The doctor advised to get the girl to the hospital and gave permission to use his name as recommending her admission to the hospital, where he had no attending privileges. The girl was admitted for drug addiction and later died of meningitis. Her Estate sued for failing to properly diagnose and treat the girl.

 

However, more than just the fact that a party is a health care provider is required to bring a medical malpractice action. Where a person sold his blood to a medical facility and alleged that he contracted an infectious disease as a result, the court determined that there was no medical diagnosis, treatment, or care rendered and therefore this was not a medical malpractice action.2

 

Additionally, a physician may owe a duty to third parties. For example, the Florida Supreme Court has determined that where a physician has a duty to warn a patient of the genetically transferrable nature of her condition, this duty also extended to the patient’s children.3

 

Essentially, if there is some action toward treatment of the patient, the relationship probably exists and there is a potential to be sued for medical malpractice if something goes wrong. Physicians should consult with their attorneys if a lawsuit is brought to determine whether a physician-patient relationship exists and if they could be dismissed from the lawsuit.