Most often in medical malpractice cases, the emphasis is on the plaintiff’s burden to prove a departure from the standard of care and that the departure was a proximate cause of the plaintiff’s injury. There is, however, another indispensable element in all medical malpractice actions that often gets less attention. That element is whether the physician had a duty to the plaintiff or, to phrase it differently, whether there was a physician-patient relationship sufficient to give rise to liability.1 A series of recent medical malpractice cases have looked at the issue of duty. This article will summarize those cases and suggest a unifying method to analyze the issue in future medical malpractice actions.
Independent Examination
In Bazakos v. Lewis,2 the plaintiff commenced an action against Dr. Phillip Lewis for injuries suffered during an independent medical examination (IME) related to an automobile litigation. The issue was whether the 2½- year medical malpractice statute of limitations or the three-year personal injury statute of limitations applied.
