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The patient sued the neurosurgeon who was originally consulted for damages but he defended that he owed her no duty because a patient-physician relationship had not been established.
The court held that “in the absence of an express agreement by the physician to treat a patient, a physician’s assent to a physician-patient relationship can be inferred when the physician takes an affirmative action with regard to the care of the patient” .
A patient-physician relationship was formed because the physician took an affirmative action in rendering an opinion on the course of the patient’s care.
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