On Call Physicians...No Duty of Care

On December 31, 2008, in Gillespie, v. University of Chicago Hospitals, the 1st District Appellate Court affirmed Judge Daniel Locallo's ruling and held that a physicians' duty is limited to those situations in which a direct physician-patient relationship exists. The defendant-physician was on call, was listed on the patient's records as her attending/admitting physician, interpreted an EKG for the patient after she was discharged from the hospital and billed for his service. The Appellate Court held that the physician was not involved in the patient's treatment while she was a patient, and the physician's EKG report was not used to diagnose or treat the patient. Therefore, there was no physician-patient relationship and no duty owed to the patient.

Bottom Line:

A physician's on call status and potential involvement after the patient's discharge is not sufficient to give rise to a physician-patient relationship. I suspect that determination will be very fact specific and should be assessed on a case by case basis, but this case is certainly favorable to on call physicians when their role is limited.