Doctor-Patient Relationship

Question 1

Lection v. Dyll

Answer 1

Facts:
-ER DR. SYED CONSULTS OVER PHONE W/ DR. DYLL
-factual dispute- DID LECTION LEAVE HOSPITAL DURING OR
AFTER PHONE CONFERENCE

-Dyll first argues that Lection left the hospital before he spoke to the emergency physician.

-However, Lection likely did not leave until after the emergency physician spoke with Dyll via telephone and told Lection to go home

Issue:
WAS THERE DR-PATIENT RELATIONSHIP B/W DYLL & LECTION?

Holding:

-On-call physicians may create physician-patient relationships through their contractual obligations or by taking affirmative acts to evaluate and treat their patients.

-Physician not required to deal directly with/make physical contact with patient to form a physician-patient relationship (implied contract)

-On-call physician assumes a duty to a patient if the physician takes some affirmative act to treat the patient’s conditions. On-call physicians may provide medical services via telephone by evaluating a patient’s information and making medical decisions

Question 2

Dr. Has 15-minute telemedicine appt w/ patient and instructs her to visit office for thorough exam. Has doctor/patient relationship been formed?

Answer 2

Yes

Question 3

RICKS V. BUDGE (1937)

Answer 3

Rule:
A physician may terminate a relationship with a patient only when:

(1) the medical condition giving rise to the relationship ends;

(2) upon discharge of the physician by the patient; or

(3) by the physician giving sufficient notice to the patient that he is withdrawing from the case and allowing the patient sufficient time to secure other medical treatment.

Facts:

-DR. IN HOSPITAL REFUSES TO TREAT PATIENT UNTIL HE PAYS $$ OWED

-CT: PHYSICIAN-PATIENT RELATIONSHIP
EXISTED B/W R & B

Issue:

Holding:

-DR. CAN WITHDRAW F/ CARE BUT 1ST MUST GIVE PATIENT ENOUGH NOTICE TO FIND ALTERNATIVE CARE.

Question 4

A physician may terminate a relationship with a patient only when:

Answer 4

(1) the medical condition giving rise to the relationship ends;

(2) upon discharge of the physician by the patient; or

(3) by the physician giving sufficient notice to the patient that he is withdrawing from the case and allowing the patient sufficient time to secure other medical treatment.

Question 5

Do doctors have to accept every patient that seeks their care?

Answer 5

Nope

Question 6

ESQUIVEL V. WATERS

Answer 6

Facts:
-P sought to determine gender of baby by going to a medical center and being examined by a technician

-P signed waiver/consent form which stated the sole purpose of the exam was to determine gender of baby

-Technician found medical abnormality during sonogram, sent images to radiologist

-Radiologist refused to examine the images since the sole purpose of exam was to determine gender of baby

-Technician did not inform P of medical abnormality

-Baby died

Issue:

WAS THERE A PATIENT-HEALTHCARE PROVIDER
RELATIONSHIP BETWEEN MICHELLE ESQUIVEL & SCKRMC?

Holding:

-NO, TREATMENT IS “MEDICAL APPLICATION OF REMEDIES TO EFFECT A CURE”.

-The facility did not offer to advise or treat Michelle for any medical condition.

Question 7

FIDUCIARY RELATIONSHIP

Answer 7

-ONE PERSON HOLDS A LEGAL OR
ETHICAL RELATIONSHIP OF TRUST WITH ANOTHER PARTY OR PARTIES

-PHYSICIAN IS COMMITTED TO REMAINING MEDICALLY
COMPETENT, ACTS PRIMARILY TO PROTECT & PROMOTE INTERESTS OF PATIENT & KEEPS SELF-INTEREST SECONDARY

Question 8

Fiduciary-physician has all of the following duties:

Answer 8

1. ~Provide~ care consistent with standard of care
2. Obtain ~informed consent~ to treatment
3. Maintain confidentiality
4. Not abandon the patient

P
I
M
N

Poopers
Involuntarily
Might
Nut