IN THE COURT OF APPEALS
STATE OF ARIZONA
WILLIAM RITCHIE, surviving father
of JEREMY RITCHIE, on behalf of
himself and DARLENE RITCHIE, the
surviving mother of JEREMY RITCHIE;
and KORBIN UNDERWOOD, the surviving
child of JEREMY RITCHIE,
SCOTT A. KRASNER, M.D. and TERI LEE
KRASNER, husband and wife; SCOTT A.
KRASNER, M.D., P.C.,
1 CA-CV 08-0099
O P I N I O N
Appeal from the Superior Court in Maricopa County
Cause No. CV 2002-023901; CV 2002-024074
The Honorable Thomas Dunevant, III, Judge
Law Offices of Richard W. Shapiro, P.L.C.
by Richard W. Shapiro
Valder Law Offices, P.C.
by Michael J. Valder
Attorneys for Plaintiffs/Appellees
Kunz Plitt Hyland Demlong & Kleifield
Attorneys for Defendants/Appellants
I R V I N E, Judge
Dr. Scott A. Krasner, Terri Lee Krasner, and Scott A.
Krasner, M.D., P.C. (together, “Krasner”) appeal the jury
verdict in favor of William Ritchie, Darlene Ritchie, and Korbin
Underwood (together, “Ritchies”). Krasner raises several issues
on appeal. We hold that, even absent a formal doctor-patient
relationship, a doctor conducting an Independent Medical
Examination (“IME”) owes a duty of reasonable care to his or her
patient. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
This appeal arises from a jury verdict that found
Krasner liable for medical malpractice and the wrongful death of
Jeremy Ritchie (“Jeremy”). The case involved several defendants,
but we will limit our discussion to the relevant facts regarding
Dr. Krasner and his appeal.
Jeremy was the father of Korbin and the son of William
and Darlene Ritchie. In April of 2000, Jeremy injured his back
while at work. He sustained a bruised spinal cord that caused
swelling and compression of the c