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Keywords

contractdefendantnegligenceappealtrialsummary judgmentduty of care
contractdefendantappealtrialsummary judgmentduty of care

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Dugan v. Mobile Medical Testing Services, Inc., 265 Conn. 791, 830 A.2d 752

Facts

In December 1994, Mobile Medical entered into a contract with the city of Yonkers to conduct physical examinations for firefighters. On September 11, 1995, Dugan underwent such an examination, which included an EKG, and was told by the attending physician that everything looked fine, with only one irregular heartbeat. Following this, Dugan did not seek further medical treatment. He later suffered a heart attack on November 4, 1995, and received a summary of his examination results indicating an abnormal EKG only after the incident.

In December 1994, Mobile Medical entered into a contract with the city of Yonkers to conduct physical examinations for firefighters. On September 11, 1995, Dugan underwent such an examination, which included an EKG, and was told by the attending physician that everything looked fine, with only one irregular heartbeat.

Issue

Did Mobile Medical Testing Services, Inc. owe a duty of care to Joseph Dugan, given the circumstances of the physical examination and the subsequent failure to inform him of the abnormal EKG results?

Did Mobile Medical Testing Services, Inc. owe a duty of care to Joseph Dugan, given the circumstances of the physical examination and the subsequent failure to inform him of the abnormal EKG results?

Rule

Under New York law, a medical services provider does not owe a duty of care to an employee in the absence of a physician-patient relationship, unless the provider has affirmatively treated or advised the employee.

Under New York law, a medical services provider does not owe a duty of care to an employee in the absence of a physician-patient relationship, unless the provider has affirmatively treated or advised the employee.

Analysis

The court analyzed whether the statement made by the physician during the examination constituted affirmative treatment or advice that would create a duty of care. It found that the physician's assurance that the EKG was fine could potentially imply a duty to inform Dugan of the abnormal results, thus creating a material issue of fact that precluded summary judgment.

The court analyzed whether the statement made by the physician during the examination constituted affirmative treatment or advice that would create a duty of care.

Conclusion

The Supreme Court reversed the trial court's summary judgment in favor of the defendants, remanding the case for further proceedings to determine if a duty of care existed based on the physician's statements.

The Supreme Court reversed the trial court's summary judgment in favor of the defendants, remanding the case for further proceedings to determine if a duty of care existed based on the physician's statements.

Who won?

Joseph Dugan prevailed in the appeal because the Supreme Court found that there was a material issue of fact regarding the duty of care owed to him by the medical provider.

Joseph Dugan prevailed in the appeal because the Supreme Court found that there was a material issue of fact regarding the duty of care owed to him by the medical provider.

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