by “Dr. J.D.” – a physician and plaintiff’s attorney, practicing in the Northeast
The point at which the physician-patient relationship forms is fundamental to all medicolegal liability.
It is the point at which the physician’s duties to treat the patient according to the standard of care, to obtain informed consent and to provide continuity of care all attach.
It is therefore also the point at which liability for medical negligence, medical battery, and abandonment can also attach.
“When is a patient my patient?” is therefore a critical question.
It has a deceptively simple answer: The physician-patient relationship begins when the physician accepts, agrees to accept, or undertakes to render care to the patient.
Of course, in real life the points at which those events have actually taken place are often not clear-cut at all.