 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Lester v. Hall11/23/1998
d that a recognized duty, the "first essential" component of a negligence action, was not met by the plaintiff. Id. {22} The court, in Estate of Warner, relied upon Kirk, and held that a physician who allegedly prematurely released a psychiatric patient that was experiencing barbiturate intoxication did not owe a duty to a third party non-patient because no patient-doctor or special relationship existed. 669 F. Supp. at 237. The court stated that "social and pubic policy considerations dictate that a duty by members of the medical profession not be expanded to the public in general where liability would be virtually limitless." Id.
{23} Finally, Webb involved a doctor prescribing anabolic steroids to a patient, who, without the doctor's knowledge, battered his wife. 575 N.E.2d at 994. The patient shot the plaintiff, a police officer. Id. The court discussed duty in terms of the relationship between the defendant and plaintiff, foreseeability, and public policy. Id. at 995. The court held that there was no contract, special relationship, privity or reliance between the plaintiff and the doctor, and thus no relationship, that the connection between steroids and violent behavior was not well established, and that on public policy grounds the doctor must be loyal to the patient. Webb, 575 N.E.2d at 995-97. The plaintiff, as does Lester, compared the situation to dram shop cases, but the court rejected this argument because the causal connection is much greater between alcohol and its physical effects. Id. at 997. The court in Webb concluded, and we agree, that the "social utility derived from prescription medication can hardly be disputed and far outweighs the risk of harm to third parties." Id. at 997.
{24} The foregoing cases illustrate the numerous grounds upon which courts have rejected imposing on physicians a duty to third parties for negligently prescribing medication. While we find it unnecessary to adopt specific factors enumerated in these cases, we note that we find the policy considerations underlying these cases to be much more compelling than those cases that operate to extend a general duty from physicians to third parties in prescription cases. Under Wilschinsky and public policy considerations, we hold that Hall's duty to Andersen does not extend to Lester. Conclusion
{25} We developed an analysis as to whether a physician owes a duty to a non-patient third party in Wilschinsky. Our recognition of a duty in Wilschinsky is an exception to the general rule that a physician owes a duty to his or her patient, and not to third party non-patients. Even assuming, as we do here, that the facts presented by Lester are accurate, we conclude that the likelihood of injury to Lester is too remote from Hall's conduct towards Andersen to warrant expansion of the Wilschinsky duty. Further, public policy considerations, the legislative limitations upon malpractice by health care providers, and the reasoning of other jurisdictions argue against extending the duty which Lester advances. Hall clearly owes a duty to Andersen to act according to the professional standards of acceptable medical practice. However, we hold that under these facts, this duty does not extend to Lester. As a result, we answer the District Court's certified question in the negative.
{26} IT IS SO ORDERED.
PATRICIO M. SERNA, Justice
WE CONCUR:
GENE E. FRANCHINI, Chief Justice
JOSEPH F. BACA, Justice
DAN A. McKINNON, III, Justice
Page 1 2 3 4 5 6 7 8 New Mexico DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|