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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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