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The opinion of the court was delivered by LOCKETT, J.: Plaintiff Peggy Smith was injured in an automobile accident and filed suit against Edward Williams, the other driver.
, of Turner and Boisseau, Chartered, of Wichita, argued the cause and was on the briefs for appellee.
60-235, or one agreed to by the parties, examining physicians have a duty not to cause harm or injury to the person examined, to use reasonable and ordinary care and diligence in the examination undertaken, to use their best judgment, and to exercise that reasonable degree of learning, skill, and experience which is ordinarily possessed by other physicians. The duty of a physician not to injure the person being examined by the physician is not affected by the fact that the physician was employed by a third person and no contractual relationship existed between the physician and the person being examined. A physician performing an independent medical examination is obligated to the person being examined to make a reasonable disclosure of pertinent facts within the physician's knowledge relating to the proposed examination so that the person being examined may make an intelligent decision to consent to or to refuse the examination. Accordingly, the relevance of her opinions is questionable. The nature and scope of questions about sexual activity is not within the province and understanding of laymen; rather, expert testimony is required on this issue.
Our review is limited to Smith's claims of assault, battery, outrageous conduct, and invasion of privacy. Because Smith agreed to an examination, there is no court order setting the conditions or scope of the examination. Associates also called Dawson's parents, telling them the same thing.
There is no evidence as to the agreement between counsel with respect to the conditions or scope of the medical examination except as stated in paragraph 5 of Smith's petition, which alleges: "5. There were no allegations that Associates' employees were rude or screamed or used name-calling. 478, 592 P.2d 860 (1979), Kukal observed Wiehe threatening her husband with a pitchfork while ranting and raving at him.
The rules of summary judgment are stated and applied. A physician is obligated to his or her patient to use reasonable and ordinary care and diligence in the treatment of cases the physician undertakes, to use his or her best judgment, and to exercise that reasonable degree of learning, skill, and experience which is ordinarily possessed by other physicians. When an independent medical examination is performed under K. Smith voluntarily dismissed those claims without prejudice and appealed the grant of summary judgment. If the court determines an examination is needed, the conditions and scope of the examination are determined by the court. The calls became threatening, with Associates telling Dawson her credit would be ruined, and there were intimations that her parents' business would be adversely affected because Associates did business with them.
60-235, or one agreed to by the parties during litigation, even though the physician conducting the examination is practicing medicine, the physician-patient relationship does not exist. When performing an independent medical examination under K. In light of the Plaintiff not having any expert testimony on this issue, any alleged tort relating to the nature and scope of the sexual questioning fails as a matter of law. Inasmuch as Plaintiff, by and through her counsel, consented to the examination, the invasion of privacy and assault and battery claims fail as a matter of law. The Plaintiff's allegations, assuming the same to be true, would not cause a reasonable person to be outraged, and accordingly, the tort of outrage claim fails as a matter of law." The district court granted Dr. Smith's negligence and misrepresentation claims survived summary judgment. 60-235 permits a party to seek an independent medical examination when a litigant places his or her medical condition at issue in the case. There, Dawson, who had been unable to make car payments by reason of symptoms associated with multiple sclerosis, was called repeatedly by Associates' employees who questioned her as to when she was going to make her payments.
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KEY * Applications were submitted to the OVW FY 2015 Special Initiative Sites Program (OVW SI Sites FY 2015).