If you have received medical treatment lately for any serious medical condition, you have likely not only been seen by your primary care physician but also by a revolving door of specialists. Were those specialists also your doctor? The answer to that question, whether a physician-patient relationship is created between a specialist and a patient he or she sees briefly or indirectly, may be essential to subsequent medical malpractice or wrongful death suit. That is because a negligence claim can only be brought against medical professionals with a legal duty to the patient; only the physician-patient relationship creates that duty. This is a complex area of the law, so I have written the following blog post to provide greater context.
If you or a loved one was injured or killed as a result of an accident, you will need to have experienced counsel help you attain your fair share of compensation for your injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.
The Physician-Patient Relationship
In any medical malpractice or wrongful death claim against a medical center or physician, several elements must be proven if you hope to be compensated for your injuries. These elements include that the patient was harmed and that the physician in question caused the harm. One often-overlooked factor is that a physician-patient relationship must exist as well, as if there is no physician-patient relationship, then there is no duty of care and a much steeper uphill climb to proving negligence. Most people assume that they have a physician-patient with every physician that treats them, but this is not the case. Many medical centers and physicians have been quick to assert that a physician-patient relationship does not exist between the vast majority of physicians that come into contact with a patient throughout his or her medical care. This is especially relevant now that an increasing amount of medical care is provided by nurses, medical assistants, and physician assistants under varying degrees of physician supervision. Below I discuss the factors that courts consider when analyzing whether a physician-patient privilege exists.
Courts consider many factors when determining whether a physician-patient relationship was created in the course of medical treatment. First, courts usually ask whether the physician in question saw the patient or merely provided consultation or oversight to another medical professional. Imagine a physician who provides supervision to a physician assistant that provides a patient’s medical care—the physician is unlikely to be considered to have a physician-patient relationship with the patient receiving care. Second, courts look to whether the physician was able to develop specific knowledge of the patient’s condition from actual contact with the patient, or whether he or she simply reviewed charts and provided consultation. Finally, courts will look to written documents, physicians’ notes, and the patient’s charts to determine visitation and the level of care.
What Should You Do If You or a Loved One Has Been Injured?
If you or a loved one was injured by a physician or other medical professional’s mal, you must contact an experienced personal injury attorney immediately. Inexperienced counsel may lead you down a dead end where you receive no compensation for your injuries. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury while attaining medical care. Contact us now at (601) 790-1505.
