Lyons v. Grether
239 S.E.2d 103, 1977 Va. LEXIS 312, 218 Va. 630 (1977)
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Rule of Law:
A physician who agrees to see a person at a scheduled time for a specific medical treatment thereby enters into a physician-patient relationship and assumes a duty to treat. A physician's office is a place to which the public is invited under the Virginia White Cane Act, and a physician may not justifiably withdraw from the relationship by refusing to treat a blind patient who is accompanied by a guide dog.
Facts:
- Magnolia Lyons, a blind person, made an appointment with Dr. Eugene R. Grether specifically for the 'treatment of a vaginal infection.'
- On October 18, 1975, Lyons arrived at Grether's medical office for her appointment, accompanied by her four-year-old son and her guide dog.
- An employee informed Lyons that Grether would not treat her unless her guide dog was removed from the waiting room.
- Lyons insisted the dog remain, as she was not offered any assurances regarding the dog's safety, care, or availability to her after treatment.
- Grether subsequently evicted Lyons, her son, and her dog from the office and refused to provide medical treatment.
- Grether did not assist Lyons in finding alternative medical care.
- For two days following the incident, Lyons sought medical help from other sources while her infection aggravated, causing her 'great pain and suffering.'
Procedural Posture:
- Magnolia Lyons filed a motion for judgment against Dr. Eugene R. Grether in a Virginia trial court.
- Grether filed a demurrer to the motion, arguing that Lyons's allegations failed to state a valid legal claim.
- The trial court sustained the demurrer, ruling that no physician-patient relationship existed and that the doctor's office was not a public place under the White Cane Act, and dismissed the case.
- Lyons was awarded a writ of error (an appeal) to the Supreme Court of Virginia.
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Issue:
Does a physician who grants an appointment for a specific medical treatment create a physician-patient relationship, and does the physician wrongfully breach the resulting duty to treat by refusing services to the patient because she is accompanied by a guide dog?
Opinions:
Majority - Poff, J.
Yes. A consensual transaction giving rise to a physician-patient relationship is sufficiently alleged when a patient secures an appointment for a specific medical treatment. The court reasoned that while a physician is generally not obligated to accept any patient, the relationship begins when the physician accepts the case. An appointment for a 'treatment of a vaginal infection' is not merely an agreement to see the patient, but an agreement to perform a specific medical service, thus creating a duty to treat. The court further held that Grether's waiting room was a place 'to which the general public is invited' under Virginia's White Cane Act, giving Lyons a statutory right to be accompanied by her guide dog. Therefore, Grether's withdrawal from the case was not justified, and even if the Act did not apply, it would be a question of fact for a jury whether the withdrawal was justified and whether Lyons was afforded a reasonable opportunity to find alternative care.
Analysis:
This case is significant for establishing that a physician-patient relationship, and its attendant duties, can be formed before any physical examination or consultation occurs, based on the specific purpose of a scheduled appointment. It integrates disability rights statutes, such as the White Cane Act, into the common law duties of medical professionals, limiting a physician's discretion to terminate the relationship. The decision broadens the definition of 'public accommodation' to include professional offices that are open to the public by appointment, making them subject to anti-discrimination laws and reinforcing that a physician's right to withdraw from a case is not absolute.
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