Irvin Ex Rel. Irvin v. Smith

I respectfully dissent from the majority’s affirmance of the district court’s grant of summary judgment to Dr. Gilmartin. Without noting the various types of physician consultants, the majority creates a broad public policy physician-*132consultant exception to the physician-patient relationship by stating a “physician cannot be hable for medical malpractice where he or she merely consulted with a treating physician and nothing more.” 272 Kan. 112, Syl. ¶ 5.

The majority recognizes that summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on…