"Liability for medical malpractice depends, first, on the existence of a duty to the patient, which, in turn depends on the existence of a physician-patient relationship cere-ating the duty." (quotations and citation omitted)
How later courts described this case
- "Liability for medical malpractice depends, first, on the existence of a duty to the patient, which, in turn depends on the existence of a physician-patient relationship cere-ating the duty." (quotations and citation omitted)
Written by the judges who cited it.
The opinion
I concur in the main opinion. I join Justice Harwood's special concurrence. There is sufficient conflict among the federal circuit courts of appeal as to the meaning of Village of Willowbrook v. Olech , 528 U.S. 562 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000), to invite resolution of *Page 689
this issue by the United States Supreme Court in some future proceeding.