Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 5

Diggs was stricken with severe chest pains and she was taken to the emergency room. After doing tests, the doctor thought she was suffering from pericarditis, not a myocardial infarction, but he was untrained in reading echocardiograms so he asked the opinion of a cardiologist who was visiting another patient. He agreed with the diagnosis and that Diggs should be treated for pericarditis and released. Diggs died three hours after release due to a severe myocardial infarction. Her estate sued the cardiologist, among others. He argued that he owed no duty to Diggs because she was not his patient and they had no contractual relationship. Is he correct? Why?