How do I know if the physician-patient relationship is established?

In California, the physician-patient relationship is established once the doctor agrees to treat an individual and the patient agrees to receive treatment from the doctor. This agreement can be either expressed or implied. An expressed agreement is one that is made verbally or in writing. An implied agreement can be determined by the conduct of both the doctor and the patient. For example, if a patient visits a doctor for a diagnosis, the doctor and the patient may be seen as having implied an agreement for treatment. In addition, California medical malpractice law states that there must be an "attendant obligation" between the doctor and the patient for there to be an established relationship. The attendant obligation involves the doctor providing medical care and the patient following their instructions. This means that the doctor must provide medical services while the patient agrees to follow the instructions of the doctor. To determine if a relationship exists, the court will look at factors such as the nature of the visit, the length of the visit, whether any tests were performed, and the involvement of any insurance companies. The court may also require evidence that the doctor made an effort to diagnose and treat the patient. Overall, the physician-patient relationship is established when both the doctor and the patient agree to receive and provide treatment, and the court finds that an attendant obligation exists between the two parties.

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