Question

Your work should be in the range of 150-250 words. For all discussion questions, you must cite to your text or some other reliable source when answering the question. What concepts are you applying? Where are you getting the information?

Scenario (based on a real Illinois case): A patient presented to a local emergency room and was examined by a plastic surgeon. A review of an X-ray taken of the patient's knee revealed a possible malignant neoplasm. Consequently, the plastic surgeon referred the patient to an orthopedist for further review, but did not advise the patient as to the purpose or nature of the referral. After the patient did not keep any of the three appointments he scheduled with the orthopedist, the orthopedist refused to reschedule him any further. Ultimately, the patient died of cancer due to this condition and his estate sued both physicians for negligence. Questions: Was a doctor-patient relationship created between the patient and the orthopedist? Remember that, to state a negligence claim, we must have all four elements of the tort of negligence: 1. Duty, 2. Breach of duty, 3. Causation, AND 4. Damages. In this case, was there a sufficient doctor-patient relationship to create a duty of care on the part of the orthopedist? What else could the orthopedist have done to protect himself from any legal liability to a patient he had never actually seen or treated?

Answer 1

No a doctor patient relationship was not created between patient and orthopedist.This is a case of tort of negligence relying on breach of duty.The surgeon should always say the diagnosed conditions or clearly explaining the need of referral for further treatment which he didn't do.If he would have explained she wouldn't have avoided or missed the appointment got by the plastic surgeon. This could have helped patient to take right decision and accessed for. medical treatment.Though the orthopedist have not seen the patient before it is his duty to complete the care as he was referred by another doctor. So he was not able to do his duty of care to the patient.

The orthopedist could try to protect him legally for a patient whom he had never seen before or treated by bringing into attention that even after 3 appointments scheduled the patient didn't turn up for treatment. The patient has avoided.This has lead to the death of patient. He could also say that the plastic surgeon has hidden the most important part of informing the patient of her health status and necessity of a reference with orthopedist.