MI: nurse calls Dr. covering for Pt.'s obstetrician: Dr.'s response creates Physician-Pt. relationship. (Legal Case Briefs for Nurses).

CASE FACTS: Evelyn Blazo who was pregnant with twins (Todd and Tanya) was a patient at McLaren Regional Medical Center for carpal tunnel surgery when she developed contractions. The hospital had no obstetrician/gynecologist on call. The nurse on duty called the patient's regular obstetrician's office. The obstetrician was not available, and the nurse was referred to another physician in the office, Dr. Richard McMurray who was on call for Dr. Frank Cook, the patient's obstetrician. The nurse related the patient's condition to Dr. McMurray. Dr. McMurray told the nurse that she had three options: transfer the patient by ambulance to Hurley Hospital, admit the patient to McClaren Regional Medical Center overnight, or discharge the patient until her pregnancy progressed further. Subsequently, Evelyn Blazo brought suit against Drs. Cook, McMurray, the Medical Center and others. The Circuit Court granted summary judgment in favor of Dr. McMurray on the grounds that there was no physician-patient relationship. The plaintiff appealed.

COURT'S OPINION: The Court of Appeals of Michigan reversed the judgment of the lower court and remanded the case for further proceedings. The court held, inter alia, that there was, in fact, a genuine issue of material fact as to whether there was a physician-patient relationship created between the expectant mother and Dr. McMurray. A physician-patient relationship is a legal prerequisite to a medical malpractice suit. The court concluded that given the communication between the nurse at McLaren Regional Medical Center and the physician covering for the plaintiffs obstetrician, a physician-patient relationship was, in fact, created. The court noted that the case was one of first impression in Michigan. Other jurisdictions considering the question have (in the absence of a formal referral or formal consultation) concluded that no physician-patient relationship arises. However, the court found that the facts presented, viewed in a light most favorable to plaintiff revealed the patient went to a hospital for carpal tunnel surgery. The hospital had no obstetrician/gynecologist on call. The patient's obstetrician was not available. The nurse who was calling for directions was referred to the covering physician and the covering physician directed that there were three options. This gave the court grounds to conclude that in a light most favorable to the plaintiff an issue was created as to whether or not a physician-patient relationship had been created between the covering physician and the expectant mother. Blazo v. McLaren Reg. Med. Center, 2002 WL 105710 N.W.2d--MI

Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for nearly 40 years, he concentrates in health care law with the Rhode Island law firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Reagan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyer and Marquis Who's Who in American Law.