994 N.E.2d 1233
Ind. Ct. App.2013Background
- Dr. Gerry Hippensteel (physician) and NP Vonetta Vories entered written Collaborative Practice Agreements (CPAs) in 2007 and 2008 under which Hippensteel agreed to be available for consultation and to review a random 5% sampling of Vories’s charts; the CPA stated it did not substitute for NP independent judgment and did not increase physician liability.
- NP Vories, a nurse practitioner at the Primary Care Clinic (not employed by Hippensteel), treated Steven Harper Jr. in 2008; Harper Jr. died November 26, 2008 from pulmonary embolism/DVT.
- The Estate filed a proposed medical-malpractice complaint against Hippensteel in 2010 alleging negligence; Hippensteel moved for preliminary determination of law / summary judgment asserting he owed no duty to Harper Jr.
- Hippensteel averred he never saw or treated Harper Jr., never reviewed his records before the lawsuit, never advised on his care, and did not participate in his treatment; these facts were undisputed.
- The trial court granted summary judgment for Hippensteel, finding no physician-patient relationship or duty arising solely from the CPA; the estate appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hippensteel owed a duty to Harper Jr. (i.e., whether a physician-patient relationship existed) | Harper: Hippensteel’s CPA with NP Vories created a physician-patient relationship and duty to Vories’s patients, including Harper Jr. | Hippensteel: He never treated or participated in Harper Jr.’s care; the CPA expressly preserved NP independence and disclaimed increased liability, so no duty arose. | Court held: No duty; no physician-patient relationship. Summary judgment for Hippensteel affirmed. |
Key Cases Cited
- Dixon v. Siwy, 661 N.E.2d 600 (Ind. Ct. App. 1996) (physician-patient relationship is a legal question; no relationship where physician did not perform an affirmative act regarding the patient)
- Miller v. Martig, 754 N.E.2d 41 (Ind. Ct. App. 2001) (no physician-patient relationship absent physician’s affirmative act toward the patient)
- Webb v. Jarvis, 575 N.E.2d 992 (Ind. 1991) (elements of negligence include duty derived from relationship)
- Walker v. Rinck, 604 N.E.2d 591 (Ind. 1992) (physician duty arises from contractual doctor–patient relationship)
- Stryczek v. Methodist Hosps., Inc., 656 N.E.2d 553 (Ind. Ct. App. 1995) (summary judgment standard and construing evidence for nonmoving party)