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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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