Seeber v. Ebeling

Green, J.:

In this medical malpractice action, Christopher Seeber appeals from the trial court’s grant of summary judgment in favor of Dr. John Ebeling. The trial court found that because no physician-patient relationship was created between Ebeling and Seeber, Seeber was unable to establish the duty element of his negligence claim. First, Seeber contends that independent of the duty that flows from a physician-patient relationship, Ebeling owed a duty to him under § 324A of the Restatement (Second) of Torts (1965) based on public policy considerations. Nevertheless, the uncontroverted…