Secret Liability: Can You Sue a Doctor You Never Met? [2026 Guide]

In their regular column for New York Law Journal on Law.com, New York medical malpractice attorneys Thomas A. Moore and Matthew Gaier discuss: “Implied Physician–Patient Relationships.”
In most cases, whether an implied physician–patient relationship was established is a question of fact for a jury to decide. These cases demonstrate that a physician need not examine, speak to, or see the patient’s medical records to be engaged in a physician–patient relationship that gives rise to a duty of care.
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