Opinion

Lownsbury v. VanBuren

  • 94 Ohio St. 3d 231
  • 762 N.E.2d 354
Court
Ohio Supreme Court
Filed
Feb 20, 2002
Status
Published
Author
Moyer
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney, Syllabus
Cited by
23 cases

holding that it was a question of fact for the jury whether an on-call cardiologist who had discussed a patient’s symptoms and test results with an emergency room physician entered into a physicián-patient relationship with the person seeking treatment

How later courts described this case

  • holding that it was a question of fact for the jury whether an on-call cardiologist who had discussed a patient’s symptoms and test results with an emergency room physician entered into a physicián-patient relationship with the person seeking treatment
  • stating, “The basic underlying concept in these cases is that a physician-patient relationship, and thus a duty of care, may arise from whatever circumstances evince the physician’s consent to act for the patient’s medical benefit.”
  • finding that a physician may consent to a physician-patient relationship by taking certain actions, “such as examining, diagnosing, treating, or prescribing treatment for the patient”
  • collecting examples of “courts [that] recognize ... physicians who practice in the institutional environment may be found to have voluntarily assumed a duty of supervisory care pursuant to their contractual and employment arrangements with the hospital”

Written by the judges who cited it.

The opinion

Moyer, C.J.,

concurring in syllabus and judgment. I concur only in the syllabus and judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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