Diggs v. Arizona Cardiologists, Ltd.,

Diggs v. Arizona Cardiologists, Ltd.,
No. 1CA-CV 99-0508 (Ariz. Ct. App. August 8, 2000)

Husband of a woman who died from a heart attack three hours after being released from
the hospital emergency room filed a malpractice action against the emergency
room physician and the consulting cardiologist who had treated his wife for
her complaints of severe chest pain. The trial court granted summary judgment
to the cardiologist based on reasoning that, absent an express or implied physician-patient
relationship, the cardiologist owed no duty of care to the decedent. The Arizona
Court of Appeals reversed the decision, holding that an express physician-patient
relationship is not required for finding that a duty of reasonable care was
owed under the circumstances. The court found that the cardiologist’s brief
discussion with the emergency physician where he reviewed the decedent’s chart
and offered advice on the diagnosis and treatment of her condition, which he
knew the emergency physician would rely upon, was sufficient to find that a
relationship existed between the cardiologist and the decedent.