For Your Data St. Bathroom V. Pope Illustration Brief
December 01, 2020
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St. John v. Pope (1995)
901 S.W.2d 420
Facts
-Pope came to the emergency room of Central Texas Medical Center complaining of dorsum hurting in addition to fever.
-Pope had late undergone dorsum surgical operation in addition to epidural injections, in addition to his white blood prison theatre cellular telephone count was extremely high.
-The emergency room physician, Dr. Suarez, examined Pope in addition to initially diagnosed the patient equally having lower dorsum hurting in addition to shrewd psychosis.
-Pope's married adult woman asked to transfer her hubby to Round Rock Hospital because the duad lived inward Austin in addition to the physician who had previously treated Pope skillful at the Round Rock Hospital.
-Meanwhile, Suarez telephoned Dr. Kingdom of the Netherlands St. John at home.
-St. John was a board-certified internist in addition to on telephone telephone at the infirmary on the even out inward question.
-Suarez recounted to St. John that he had received a patient for evaluation of fever in addition to dorsum hurting who had a history of recent dorsum surgery.
-Because St. John's expanse of specialization was non neurology or neurosurgery, in addition to the Center was non able to grip cases involving these specialties, St. John recommended that Pope live on referred to a infirmary alongside the requisite neurosurgeon or to the physician who had performed the surgery.
-Suarez agreed, in addition to indicated that he would adjust the transfer.
-Suarez called Pope's doctor, simply the Round Rock Hospital's emergency room refused to convey the transfer.
-Not wishing to hospitalize her hubby inward San Marcos, Mrs. Pope took her hubby domicile against the advice of the staff at the Center. The next day, an ambulance transported Pope to an Austin hospital. There a lumbar puncture revealed that he was suffering from meningitis.
-Pope developed several permanent disabilities from the disease.
-The Popes sued the Center in addition to the Round Rock Hospital, 2 Round Rock physicians, Suarez, in addition to St. John. The petition alleged to a greater extent than oft than non that the defendants failed to exercise professional person attention in addition to were negligent.
Procedural History
The trial courtroom granted summary judgment inward favor of petitioner in addition to held that petitioner in addition to respondent had non formed a physician-patient human relationship such that petitioner owed a duty of care
Issue
-Does a Dr. possess got a duty of attention when at that topographic point is no doctor-patient relationship?
"whether an on-call physician, consulted past times an emergency room physician over the telephone, formed a physician-patient human relationship past times expressing his sentiment that the patient live on transferred to or in addition to thence other facility, in addition to if not, whether the physician owed duties exterior that relationship.
Holding
No, without a doctor-patient relationship, the Dr. does NOT possess got a duty of care.
Application
• Physicians are non obligated to do their profession or homecoming services to everyone who asks. It is solely alongside a physician’s consent, whether limited or implied, that the doctor-patient human relationship comes into being.
• The duty to process the patient alongside proper professional person science flows from the consensual human relationship betwixt the patient in addition to physician, in addition to solely when that human relationship exists tin post away at that topographic point live on a breach of a duty resulting inward medical malpractice.
• The courtroom concludes that a physician may decline handling in addition to thereby decline to do a physician-patient relationship, fifty-fifty on the footing of an erroneous determination that the patient’s status is beyond his or her mightiness to treat. Creation of the physician-patient human relationship does non require the formalities of a contract. The fact that a physician does non bargain straight alongside a patient does non necessarily forbid the existence of a physician-patient relationship.
• The mere fact that a Dr. is “on call” does non inward itself impose whatsoever duty
Holding
• The courtroom reversed the judgment of the courtroom of appeals in addition to rendered judgment that respondent patient convey nix from petitioner physician. Influenza A virus subtype H5N1 physician-patient human relationship was non established betwixt petitioner, equally a consulting, on-call physician in addition to respondent.
901 S.W.2d 420
Facts
-Pope came to the emergency room of Central Texas Medical Center complaining of dorsum hurting in addition to fever.
-Pope had late undergone dorsum surgical operation in addition to epidural injections, in addition to his white blood prison theatre cellular telephone count was extremely high.
-The emergency room physician, Dr. Suarez, examined Pope in addition to initially diagnosed the patient equally having lower dorsum hurting in addition to shrewd psychosis.
-Pope's married adult woman asked to transfer her hubby to Round Rock Hospital because the duad lived inward Austin in addition to the physician who had previously treated Pope skillful at the Round Rock Hospital.
-Meanwhile, Suarez telephoned Dr. Kingdom of the Netherlands St. John at home.
-St. John was a board-certified internist in addition to on telephone telephone at the infirmary on the even out inward question.
-Suarez recounted to St. John that he had received a patient for evaluation of fever in addition to dorsum hurting who had a history of recent dorsum surgery.
-Because St. John's expanse of specialization was non neurology or neurosurgery, in addition to the Center was non able to grip cases involving these specialties, St. John recommended that Pope live on referred to a infirmary alongside the requisite neurosurgeon or to the physician who had performed the surgery.
-Suarez agreed, in addition to indicated that he would adjust the transfer.
-Suarez called Pope's doctor, simply the Round Rock Hospital's emergency room refused to convey the transfer.
-Not wishing to hospitalize her hubby inward San Marcos, Mrs. Pope took her hubby domicile against the advice of the staff at the Center. The next day, an ambulance transported Pope to an Austin hospital. There a lumbar puncture revealed that he was suffering from meningitis.
-Pope developed several permanent disabilities from the disease.
-The Popes sued the Center in addition to the Round Rock Hospital, 2 Round Rock physicians, Suarez, in addition to St. John. The petition alleged to a greater extent than oft than non that the defendants failed to exercise professional person attention in addition to were negligent.
Procedural History
The trial courtroom granted summary judgment inward favor of petitioner in addition to held that petitioner in addition to respondent had non formed a physician-patient human relationship such that petitioner owed a duty of care
Issue
-Does a Dr. possess got a duty of attention when at that topographic point is no doctor-patient relationship?
"whether an on-call physician, consulted past times an emergency room physician over the telephone, formed a physician-patient human relationship past times expressing his sentiment that the patient live on transferred to or in addition to thence other facility, in addition to if not, whether the physician owed duties exterior that relationship.
Holding
No, without a doctor-patient relationship, the Dr. does NOT possess got a duty of care.
Application
• Physicians are non obligated to do their profession or homecoming services to everyone who asks. It is solely alongside a physician’s consent, whether limited or implied, that the doctor-patient human relationship comes into being.
• The duty to process the patient alongside proper professional person science flows from the consensual human relationship betwixt the patient in addition to physician, in addition to solely when that human relationship exists tin post away at that topographic point live on a breach of a duty resulting inward medical malpractice.
• The courtroom concludes that a physician may decline handling in addition to thereby decline to do a physician-patient relationship, fifty-fifty on the footing of an erroneous determination that the patient’s status is beyond his or her mightiness to treat. Creation of the physician-patient human relationship does non require the formalities of a contract. The fact that a physician does non bargain straight alongside a patient does non necessarily forbid the existence of a physician-patient relationship.
• The mere fact that a Dr. is “on call” does non inward itself impose whatsoever duty
Holding
• The courtroom reversed the judgment of the courtroom of appeals in addition to rendered judgment that respondent patient convey nix from petitioner physician. Influenza A virus subtype H5N1 physician-patient human relationship was non established betwixt petitioner, equally a consulting, on-call physician in addition to respondent.