Consulting Doctor Faces Paralyzed Patient’s Malpractice Claim

A paralyzed patient may proceed with his medical malpractice suit against a neurosurgeon who consulted on his care, even though the physician never personally examined him, a federal court in New York said.

A material factual dispute existed over whether physician Thomas Lee and patient Richard Downing had a physician-patient relationship, given Lee’s participation in a decision that delayed Downing’s surgical treatment, the U.S. District Court for the Southern District of New York said Aug. 7.

The dispute, along with dueling expert witness opinions on whether Lee’s conduct significantly contributed to a situation that put off surgery that might have ...