Texas PJC Malpractice 2022

PJC 50.6

M EDICAL M ALPRACTICE —D EFINITIONS , I NSTRUCTIONS & Q UESTIONS

PJC 50.6

Physician-Patient Relationship

QUESTION ______ At the time in question, was Paul Payne the patient of Dr. Davis with respect to Paul Payne’s stomach ulcer ? A physician-patient relationship exists only if the physician has agreed, expressly or impliedly, to render medical services of a specified or general nature to the person claiming such relationship. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 50.6 may be given if the existence of a physician-patient rela tionship between the defendant-physician and the plaintiff is in dispute. Relationship arises out of contract. Except for cases arising under the “Good Samaritan” law (see PJC 51.18), a physician is liable only if there is a physician patient relationship arising out of a contract, express or implied, that the physician will treat the patient with proper professional skill and there is a negligent breach of that duty proximately causing damages. St. John v. Pope , 901 S.W.2d 420, 423 (Tex. 1995); see also Lection v. Dyll , 65 S.W.3d 696, 704 (Tex. App.—Dallas 2001, pet. denied). Particular medical condition. The appropriate term for the plaintiff’s particular medical condition should be substituted for the words stomach ulcer . Physician employed by third party to examine another. A physician who is employed by a third party to make a physical examination of another person (e.g., an employee or an applicant) and to report the results to the third party cannot be held lia ble for failure to diagnose an existing condition but may be held liable under certain circumstances. Wilson v. Winsett , 828 S.W.2d 231, 233 (Tex. App.—Amarillo 1992, writ denied); Johnston v. Sibley , 558 S.W.2d 135, 137–38 (Tex. App.—Tyler 1977, writ ref’d n.r.e.); Lotspeich v. Chance Vought Aircraft , 369 S.W.2d 705, 710 (Tex. App.—Dallas 1963, writ ref’d n.r.e.). Consultants retained by attending physician. The third-party employment situ ation should be distinguished from the retention of the defendant-physician by the patient’s attending physician. The attending physician may be empowered by the patient to act as his agent in the formation of the physician-patient relationship. See

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