Medical Jurisprudence Commons^™

Torts - Malpractice - Master And Servant

Michigan Law Review

The plaintiff, on threat of discharge from employ of defendant in case of refusal, submitted to a physical examination by a physician retained by the defendant. In making the examination the physician negligently caused a hernia. Held, the suit was not barred by the one year period of limitation on actions for malpractice because no physician-patient relation had been established, there having been nothing more than an examination, and that for the sole benefit of the defendant. Defendant was liable for the acts of the physician on the basis of respondeat superior. New York Central R.R. v. Wiler …