Can A Medical Director Have a Doctor-Patient Relationship Even if They Do Not See the Patient or Perform the Services?

In a landmark case on whether a medical director of a med spa forms a doctor-patient relationship when they did not perform the actual professional services, the Texas Supreme Court answered yes.

The case is Lake Jackson Medical Spa, Ltd. v. Gaytan and was decided in 2022. The central inquiry in the case revolved around whether the med spa’s medical director, who did not perform the procedures, nevertheless engaged in patient care so as to be liable under the Texas Medical Liability Act (TMLA).

Background

A med spa client who received various skin treatments alleged she obtained scarring and discoloration as a result of those procedures. She sued the med spa, the aesthetician who performed the services, and the physician who owned the spa. Under the TMLA she was required to provide these defendants with a medical expert report within a certain time after they filed answers to the suit. She failed to do so, and the defendants moved to dismiss her claims.

The plaintiff then claimed that she was not seeking recovery under the TMLA and did not have to provide the expert report. In order to determine whether her claims fell under the TMLA, the Court had to decide whether a patient-physician relationship existed between her and the doctor even though it was the aesthetician who performed the treatments. The Court ruled that one existed, and therefore the plaintiff’s claims were within the purview of the TMLA and required an expert report. Because she failed to do so, her case was dismissed.

The Court reasoned that under the definitions of the TMLA, both the physician and the aesthetician were healthcare providers and that the aesthetician treated the client pursuant to a physician-patient relationship between her and the spa’s owner doctor. It further noted that this type of relationship may be formed through conduct and circumstances; a person does not necessarily have to interact with or even consent to treatment by the physician specifically.

The Take-Away on Medical Directors and The Doctor-Patient Relationship

The mere fact that the plaintiff went to the med spa and was treated by an aesthetician with delegated authority was sufficient to confer a physician-patient relationship. One of the critical factors the Court uses to reach this conclusion is that the doctor was ultimately responsible for the patient’s safety and for ensuring that the person who provides them on the doctor’s behalf is appropriately trained and supervised.

Accordingly, this case offers a two-fold lesson. Employees of med spas can be sued individually. And, critically, a med spa medical director may be subject to a TMLA claim exclusively by virtue of their role and responsibilities in this position; they do not have to physically engage in the procedure of which a person complains.

Feel free to reach out if you need more specific information or further clarification.

Weitz Morgan is a leading law firm in Texas in providing comprehensive advice and guidance to med spas. With a deep understanding of the unique challenges and complexities faced by this rapidly growing industry, our team of experienced attorneys is dedicated to helping med spas navigate the legal landscape successfully.

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