Media & Insights
September 30, 2024
The Court of Appeal considered whether an on-call physician owed a duty of care to a patient based on the physician’s review of the decedent’s condition and decision not to treat the patient.
The court concluded that, while the defendant discussed treatment options with the patient’s treating physician, the defendant’s decision to not treat the patient did not create a physician-patient relationship as the defendant did not assume any responsibility for the patient’s care and did not affirmatively engage in caring for the patient. The court made clear that consulting with or providing recommendations to a treating physician, without any affirmative care or contract with the patient, does not establish a physician-patient relationship.
In reaching this conclusion, the court noted that “a physician-patient relationship arises as a result of a contract, express or implied, that the doctor will treat the patient with proper professional care.” The relationship comes into existence “when the physician takes charge of a case and is employed to attend a patient[.]” or when the physician “affirmatively treat[s] or directly advise[s] the patient.”
