Reynolds v. Decatur Memorial Hospital

Kevin Reynolds (plaintiff) was a two-year-old boy who went to the emergency room at Decatur Memorial Hospital (defendant). Kevin’s mother said that he had fallen from a two-foot-tall couch, walked to her, and then gradually went limp. Kevin had a fever, breathing difficulties, and unresponsive muscles below his neck. However, cervical X-rays showed that his neck looked normal. Dr. Sharon Bonds examined Kevin and believed he might have an infection. At 2:00 a.m., Bonds called a neurologist, Dr. Thomas Fulbright (defendant), at home to discuss Kevin’s case. Fulbright asked Bonds whether Kevin had a stiff neck. Bonds checked Kevin’s neck and reported that it was stiff. Fulbright suggested that Bonds get a spinal tap to look for possible infectious diseases. Bonds did not ask Fulbright to see or treat Kevin. Fulbright often provided informal advice to his colleagues about neurological matters and testified that he thought of this call as an informal conference with Bonds. Fulbright did not view the call as providing medical care for Kevin and did not bill for it. Fulbright had no further contact with Kevin’s case. Bonds treated Kevin for a possible infection. However, Kevin had severed the spinal cord in his neck and became a quadriplegic. A lawsuit was filed on Kevin’s behalf, suing the hospital and Fulbright for medical malpractice. The trial court found that the call between Bonds and Fulbright did not create a physician-patient relationship between Fulbright and Kevin and, therefore, that Fulbright did not owe any legal duty of care to Kevin. Kevin appealed.