Childs v. Weis
Texas Court of Civil Appeals
440 S.W.2d 104 (Tex. Civ. App. 1969)
Pregnant Childs (plaintiff) went to an emergency room complaining of labor pains, and a nurse called Dr. Weis (defendant) by phone before telling Childs she'd need to travel to her hometown to see her own physician; Childs delivered her baby in her car shortly after leaving, and the baby died hours later. Weis maintained he only told the nurse to have Childs call her own doctor, never personally spoke with or examined Childs, and never agreed to treat her; the trial court granted Weis summary judgment.
Whether a physician-patient relationship, and the resulting duty to examine and treat, arises from a brief telephone conversation between a treating physician and an emergency room nurse in which the physician gives only general instructions without personally speaking to or examining the patient.