ST. JOHN v. POPE

No. D-4603.

901 S.W.2d 420 (1995)

Holland ST. JOHN, M.D., Petitioner, v. Marty Howard POPE and Sally Bates Pope, Respondents.

Supreme Court of Texas.

Decided June 8, 1995.

Rehearing Overruled August 1, 1995.


Attorney(s) appearing for the Case

James B. Ewbank, II, Walter L. Taylor, A. Allain Provosty, Austin, for petitioner.

Richard Schechter, Houston, for respondents.


GONZALEZ, Justice, delivered the opinion of the Court, in which all Justices join.

The issues in this medical malpractice case are whether an on-call physician, consulted by an emergency room physician over the telephone, formed a physician-patient relationship by expressing his opinion that the patient be transferred to another facility, and if not, whether the physician owed duties outside that relationship. The trial court rendered a take-nothing summary judgment...

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