White v. Durrani

Excerpt

DIRECTED VERDICT – FRAUD – INFORMED CONSENT – NEGLIGENCE – SUMMARY JUDGMENT – VICARIOUS LIABILITY: The trial court properly granted a directed verdict in favor of a physician on a negligence claim against the physician where the physician had no physician-patient relationship with plaintiff with respect to the surgery that plaintiff claimed was negligently performed and owed plaintiff no duty of care. The trial court properly granted a directed verdict in favor of a physician on a claim of lack of informed consent against the physician where the physician had no physician-patient relationship with plaintiff with respect to the surgery that plaintiff claimed was negligently performed and owed plaintiff no duty of care to obtain plaintiff's consent to the surgery. The trial court properly granted a directed verdict in favor of a surgery center and its owner on a claim for fraud related to plaintiff's medical billing where plaintiff put forth no evidence that the surgery center or its owner made a false misrepresentation to plaintiff or that plaintiff relied upon the misrepresentation or that plaintiff suffered resulting injury. The trial court properly granted summary judgment in favor of a surgery center and its owner on plaintiff's vicarious-liability claim plaintiff's settlement agreement releasing the surgery center's physician employee from liability thereby exonerated the surgery center and its owner from any liability for the employee's actions.