Michael L. Woodruff v. Stuart Gitlow, M.D.

OPINION

Justice FLAHERTY,

for the Court.

Does a physician who was hired by the Federal Aviation Administration (FAA) to conduct an independent medical records review owe a duty of care to the subject of the review? In our opinion, under the situation presented in this case, he does not. The FAA engaged the defendant, Dr. Stuart Gitlow, to review the medical records of the plaintiff, Michael L. Woodruff, and to make a recommendation about the plaintiff’s fitness to have his medical certificate reinstated. Woodruff had voluntarily surrendered his medical certificate to the FAA after a…