Summary
In Cintron, the on-call physician was informed the patient's labor "had become arrested," and he recommended an immediate caesarian section.
Summary of this case from Lection v. DyllOpinion
May 25, 1993
Appeal from the Supreme Court, New York County (Lewis R. Friedman, J.).
In those cases in which this Court has found a physician-patient relationship between an "on call" attending physician and a "service" patient (Chang v Frigeri, 176 A.D.2d 643; Dillon v Silver, 134 A.D.2d 159), treatment was either required by hospital rules or in fact undertaken by the physician. Here, it is undisputed that the rules and custom of the particular hospital required only that the "on call" physician consult with the attending physicians. This defendant-respondent did when, advised by phone that labor had become arrested, he concurred that a Caesarean section should be performed immediately. Plaintiff does not argue that this advice was unsound, and the argument that he does make — that defendant was under a duty to attend this mother in the hospital after giving this advice — is without merit (Kleinert v Begum, 144 A.D.2d 645).
Concur — Sullivan, J.P., Ross, Kassal and Nardelli, JJ.