In the film Son of Frankenstein, Igor took Dr. Wolf von Frankenstein to find a comatose Creature in the crypt where Frankenstein’s ancestors had been buried. Did Dr. Frankenstein have a duty to treat the comatose Creature?
There is a duty for hospitals to provide emergency care to those present at the hospital. 42 U.S.C.S. § 1395dd(a). If an emergency medical condition exists, the hospital must either treat the medical condition to stabilize the emergency or transfer the patient to another medical facility. 42 U.S.C.S. § 1395dd(b)(1)(A) and (B). However, in the Creature’s case, he had been in a coma for an extended period of time after being struck by lightning. The test to determine whether there is a medical emergency under “Good Samaritan” laws is “whether the undisputed facts establish the existence of an exigency of so pressing a character that some kind of action must be taken.” Bryant v. Bakshandeh 226 Cal. App. 3d 1241 (Cal. App. 2d Dist. Jan. 15, 1991). Under the facts of a Creature given life by reanimated body parts being in a coma, there arguably is not a situation requiring immediate action to be taken. Moreover, a crypt under a laboratory is not an emergency room, so it is doubtful such a legal duty would apply.
Dr. Frankenstein did not have a duty to treat the Creature, but did he create a duty? The test is whether a physician had rendered professional services that had been accepted by another for medical or surgical treatment. See, Hanrahan v. Good Samaritan Hosp. Med. Ctr., 2013 NY Slip Op 33418(U), ¶ 3 (Sup. Ct.). This is a factual issue for a jury. Quirk v. Zuckerman, 765 N.Y.S.2d 440, 442-43 (Sup. Ct. 2003) citing Wienk-Evans v North Shore Univ. Hosp. at Glen Cove, 702 N.Y.S.2d 917 [2000].
The Creature was in a coma and could not personally consent. There was no apparent power of attorney giving Igor the right to seek medical care on the Creature’s behalf. Such acceptance would have to be implied, because few individuals would want to refuse medical care in order to stay in a coma. Given the actions taken by Dr. Frankenstein, he did create a doctor-patient relationship with the Creature. This raises the issue that once the Doctor learned the Creature was a danger to others, did Dr. Frankenstein have a duty to tell Inspector Krogh of the danger? While there is an exception for psychotherapists to warn of a patient’s specific threats to law enforcement, Dr. Frankenstein is not a psychotherapist. Cal Civ Code § 43.92. Dr. Frankenstein would have a duty of confidentiality to the Creature for his medical treatment, but not to Igor. If Dr. Frankenstein suspected Igor was nefariously using the Creature to cause harm, reporting Igor’s conduct does not violate the doctor-patient privilege. Moreover, suspecting Igor was using the Creature should be reported to law enforcement.
