Wilschinsky Ex Rel. Wilschinsky v. Medina

I respectfully dissent from the majority opinion. The majority expand the scope of a physician’s duty to third parties and thus significantly enlarge a physician’s potential liability. In assessing the consequences of their holding, the majority conclude that “the burden on the doctor’s treatment decisions is negligible.” In fact, one can readily assume just the opposite: the burdens already imposed on treatment decisions by physicians have driven many from the practice of medicine, and the majority opinion will further exacerbate the existing medical liability crisis. Along this same line of…