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Trial court correctly determined physician had no duty to patient

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The Indiana Court of Appeals agreed with the lower court that summary judgment is appropriate for a physician being sued for medical malpractice because there was no physician-patient relationship.

Ruth Giles, 57, went to the hospital in August 2010 to have an outpatient closed nasal reduction surgery. She had fallen and broken her nose two weeks prior to the surgery. The surgery had no major complications, but afterward, Giles had continued low blood pressure and chest pain. The surgeon contacted the on-call hospitalist to take a look at Giles.

The hospitalist visited with Giles, but once he checked her chart and saw her family doctor had not authorized the hospitalist or his group to treat his patients, the hospitalist told Giles he couldn’t treat her because she was not a hospitalist patient. The family doctor preferred to continue care of his patients while in the hospital.

Giles was eventually admitted to the hospital, where her condition deteriorated after testing positive for influenza. She died three days after the surgery, with her cause of death listed as cardiopulmonary arrest due to respiratory failure and pneumonia.

Giles’ husband sued, on behalf of himself and her estate, the physicians, hospital, and other medical entities involved in Giles’ care. None of the defendants are identified in the court opinion because James Giles also filed a proposed medical malpractice complaint with the Department of Insurance at the same time he filed his court action. Indiana law allows this practice as long as defendants cannot be identified.

The trial court ruled in favor of the hospitalist and the medical corporation he worked for, finding the hospitalist did not have a physician-patient relationship with Giles and therefore owed no duty to her.

The Court of Appeals affirmed, pointing to caselaw that clearly explains that a physician who does not treat a patient or perform some affirmative act regarding the patient has no doctor-patient relationship and thus owes no duty to that patient.

It’s undisputed that the hospitalist did not render any care to Giles, the judges held, noting that the physician did not submit a billing charge for Giles and informed the surgeon and Giles that her family doctor did not give him permission to treat her.

The case is James Giles, Individually and as Executor of the Estate of Ruth Giles, deceased v. Anonymous Physician I, Anonymous Corporation I, Anonymous Hospital I, Anonymous Physician II, et al., 03A01-1306-CT-257.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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