Physician-Patient Relationship
Kelley v. Middle Tenn. Emergency Phys., P.C.,
No. M2001-00702-SC-R11-CV (Tenn. Apr. 23, 2004)
The
Supreme Court of Tennessee held that a genuine issue of fact existed as to whether
a patient-physician relationship was created when a physician, who was providing
emergency coverage on behalf of his cardiology group, consulted with an ER physician
regarding emergency care for the patient of one of the other physicians in his
group. The consulting physician argued that no relationship existed since he
merely provided a "curbside consultation." The patient's family argued
that a relationship had been created because the consultant was providing coverage
for the patient's cardiologist, and participated in her diagnosis and treatment.
The court held that a patient-physician relationship "can be implied when
a physician affirmatively undertakes to diagnose and/or treat a person, or affirmatively
participates in such diagnosis and/or treatment." The court remanded the
case to the trial court for a jury determination regarding the existence of
a patient-physician relationship.