Van Horn v. Chambers

In Van Horn v. Chambers, 970 S.W.2d 542, 546, 41 Tex. Sup. Ct. J. 1168-47 (Tex. 1998), the defendant physician treated a seizure patient for a portion of one day before releasing the patient to a private hospital room. The Court held that there is no duty of reasonable care toward third parties stemming from the ordinary physician-patient relationship: "Any duty of reasonable care on Dr. Van Horn's part to avoid [negligent misdiagnosis] originates solely through the relationship with, and flows only to, his patient." Van Horn, 970 S.W.2d at 545. The Court noted in Van Horn, there is generally no relationship between the doctor and patient that would provide the type of control necessary to create a duty to third persons: "Aside from the fact that a physician-patient relationship is not 'special' so as to impose a duty to control, as the Court have discussed, there is nothing inherent in the relationship that gives a doctor the right to control his patient." Id. at 547.