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Jeanette C. Almaguer appealed a summary judgment granted in favor of Dr. Douglas W. Jenkins. Almaguer sued Jenkins for medical malpractice and common law negligence, alleging he improperly examined her and reported her condition to the Department of Labor, leading to the denial of her workers' compensation claim. The appellate court considered whether a physician owes a duty to an examinee when the examination is solely for preparing a report in conjunction with a workers' compensation adjudication. The court held that no physician-patient relationship arises under these circumstances, thus the physician does not owe the examinee a professional standard of care, only a duty to avoid physical injury during the examination. Consequently, the summary judgment in favor of Jenkins was affirmed.
Almaguer v. Jenkins is a workers' compensation case decided in Texas Court of Appeals, 4th District (San Antonio). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 4th District (San Antonio).
Full Decision Text1 Pages
Jeanette C. Almaguer appealed a summary judgment granted in favor of Dr. Douglas W. Jenkins. Almaguer sued Jenkins for medical malpractice and common law negligence, alleging he improperly examined her and reported her condition to the Department of Labor, leading to the denial of her workers' compensation claim. The appellate court considered whether a physician owes a duty to an examinee when the examination is solely for preparing a report in conjunction with a workers' compensation adjudication. The court held that no physician-patient relationship arises under these circumstances, thus the physician does not owe the examinee a professional standard of care, only a duty to avoid physical injury during the examination. Consequently, the summary judgment in favor of Jenkins was affirmed.
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