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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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