Medina v. Hochberg

In 2001, Robert Riskind suffered a grand mal seizure while driving home from work, causing him to strike Plaintiff. Plaintiff sustained serious injuries as a result of the accident. Riskind's seizure was triggered by an inoperable brain tumor, a condition for which he had been receiving treatment from Dr. Fred Hochberg since its diagnosis. Riskind died in 2002 as a result of the brain tumor. Plaintiff subsequently filed a negligence action against Hochberg. Hochberg moved for summary judgment, arguing that, as a matter of law, he owed Plaintiff neither a duty to control Riskind nor a duty to warn Riskind against driving. A superior court judge granted Hochberg's summary judgment motion. The Supreme Court affirmed, holding (1) a medical professional, other than a mental health professional, owes no duty to a third person arising from any claimed special relationship between the medical professional and a patient; and (2) Hochberg did not owe a duty of care to Plaintiff under ordinary negligence principals. View "Medina v. Hochberg" on Justia Law