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Ingber v. Kandler

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1987
128 A.D.2d 591 (N.Y. App. Div. 1987)

Summary

holding that an "informal opinion" where the physician neither "had any contact with the patient" nor "saw any records" did not create a physician-patient relationship

Summary of this case from Warren v. Dinter

Opinion

March 9, 1987

Appeal from the Supreme Court, Nassau County (Burke, J.).


Ordered that the order is affirmed, with costs.

The record before us reveals that, at most, the respondent gave an informal opinion to a fellow physician regarding a case with which the respondent had no connection whatsoever. Indeed, there has been no showing that the respondent had any contact with the patient, saw any records relating to the case, or even knew the patient's name. Upon these facts, it cannot possibly be found that a relationship existed between the respondent and the plaintiff's decedent that gave rise to a duty on the part of the respondent toward the deceased infant. Summary judgment dismissing the plaintiff's complaint as against the respondent was therefore properly granted. Niehoff, J.P., Lawrence, Weinstein and Sullivan, JJ., concur.


Summaries of

Ingber v. Kandler

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1987
128 A.D.2d 591 (N.Y. App. Div. 1987)

holding that an "informal opinion" where the physician neither "had any contact with the patient" nor "saw any records" did not create a physician-patient relationship

Summary of this case from Warren v. Dinter

In Ingber, the court affirmed the dismissal of a malpractice action against a physician who gave an informal opinion to a fellow physician regarding a patient with respect to which the defendant physician had no contact, saw no medical records, and did not know his name.

Summary of this case from Gilinsky v. Joseph Rosario Indelicato, D.C.
Case details for

Ingber v. Kandler

Case Details

Full title:FRED INGBER, Individually and as Administrator of the Estate of BRIAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 1987

Citations

128 A.D.2d 591 (N.Y. App. Div. 1987)

Citing Cases

Zimmerly v. Good Samaritan Hospital

Such a relationship "is created when the professional services of a physician are rendered to and accepted by…

Warren v. Dinter

This has been true even when the doctors' involvement in giving advice to the attending physician has been…