LoDico v. Caputi

Green, J. (dissenting).

I must dissent. The sole ground alleged on behalf of defendant Caputi’s motion to dismiss plaintiff’s complaint (see, CPLR 3211 [a] [7]) is that there was no physician-patient relationship between the defendant and the injured plaintiff at the time of the alleged medical malpractice. This claim is based upon defendant’s assertion that an examination by a physician at the request of an insurance carrier or workers’ compensation carrier does not constitute examination for treatment and, absent physical injury committed in the performance of the examination, is not enough…