Lownsbury v. Vanburen, Unpublished Decision (8-2-2000)

Because I disagree with the majority opinion's holding that no physician-patient relationship was established between Dr. Stover and Lownsbury and Rebecca, I must respectfully dissent.

The majority declines to recognize a physician-patient relationship in situations where a physician had no knowledge of a patient's existence. However, once a physician-patient relationship has been established by contract, as in the present case, whether the physician actually knows that the patient is in the hospital is irrelevant.

Deposition testimony established that Dr. Stover was the attending physician on…