ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Brief Fact Summary. Plaintiff was in dire need of medical attention and he called upon Defendant, his family doctor, to help him. For no reason, Defendant refused. Plaintiff died.
Synopsis of Rule of Law. Licensed doctors are not obligated to accept all patients who are in dire need of medical attention. There is no affirmative duty to be a good citizen and help others in peril if you have not caused their predicament.
Issue. The facts of this case present two issues:
* Are licensed doctors obligated to help patients who are in dire need of medical attention?
* Is there an affirmative duty to be a good citizen and help others in peril if you have not caused their predicament?
Held. No, licensed doctors are not obligated to accept all patients who are in dire need of medical attention. No, there is no affirmative duty to be a good citizen and help others in peril if you have not caused their predicament.
Discussion. Absent a heightened relationship, there is no affirmative duty that a person give help to a stranger.