Terry L. Smith, Appellant v. Patrick L. Radecki, M.d., Appellee

Summary

The court affirmed summary judgment for the independent medical examiner because Smith had no physician-patient relationship with the examiner and therefore could not pursue medical-malpractice claims dependent on that relationship. The court also held that Smith lacked admissible evidence that the examiner discovered the conditions Smith claimed were concealed, and did not reach the statute-of-limitations issue. The court noted that a physician performing an independent medical examination may remain liable for tortious conduct not dependent on a physician-patient relationship, but that possibility did not save Smith's claims.