Practice point: There is no physician-patient relationship where the examination is conducted solely for the purpose of rendering an evaluation as a litigation support service for an insurer, and a resulting cause of action sounds in negligence not medical malpractice, with a three-year statute of limitations.
Practitioners should note that any prior Second Department decisions which hold or indicate otherwise are no longer to be followed.
Case: Bazakos v. Lewis, NY Slip Op 07081 (2d Dept. 2008)
The opinion is here.
