Kirby A. Oblachinski v. Dwight Raymond Reynolds, Individually and Lexington Pediatric Practice, 391 S.C. 557

Summary

The Supreme Court of South Carolina held that a physician does not owe a duty of care to a nonpatient third party for a negligent diagnosis of child sexual abuse. The court affirmed summary judgment for the physician and medical practice, concluding that policy concerns weighed against recognizing such a cause of action. A separate opinion would have recognized a duty based on reckless, rather than merely negligent, examination and diagnosis.

Holdings

1. South Carolina does not recognize a cause of action by a nonpatient third party against a physician for negligent examination and diagnosis of child sexual abuse under these circumstances. The physician's duty extends only to the patient on these facts.
2. Summary judgment was proper because the absence of a duty presented a legal question and the defendants owed no duty of care to Oblachinski under the asserted negligence theory.

Questions Presented

1. Whether a physician owes a legal duty of care to a nonpatient third party who is allegedly harmed by the physician's negligent diagnosis of child sexual abuse.
2. Whether the circuit court properly granted summary judgment based on the absence of such a duty.

Disposition

affirmed