In their regular column for New York Law Journal on, 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 an issue of fact to be decided by a jury. These cases demonstrate that a physician need not examine a patient, speak to the patient, 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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