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Massengill v. Duke University Medical Center5/18/1999
rney-client relationship'." Barger v. McCoy Hillard & Parks, 346 N.C. 650, 665, 488 S.E.2d 215, 223 (1997). Indeed, it is well settled that the relationship of health-care provider to patient must be established to maintain an actionable claim for medical malpractice. See Easter v. Lexington Mem. Hosp., 303 N.C. 303, 305, 278 S.E.2d 253, 255 (1981).
In the case sub judice, Massengill failed to present evidence of a professional relationship between himself and Knutson. Indeed, Massengill concedes that Knutson was never directed to provide him with medical care or otherwise attend to his needs. In fact, the record shows that Knutson was assigned to work in the cancer/oncology unit--a practice area distinct from where Massengill was being treated. Accordingly, Knutson has failed to prove an essential element to his medical malpractice claim, to wit, the existence of a professional relationship between himself and the health-care provider in this case, Knutson.
We note that Massengill cites Johnson v. Amethyst Corp., 120 N.C. App. 529, 463 S.E.2d 397 (1995), in support of his argument that a medical malpractice claim can be based upon sexual advances made by a health care professional. That case, however, is distinguishable. In Johnson, we stated that a patient who was sexually assaulted by a clinical assistant while in an alcohol and drug rehabilitation hospital could maintain a medical malpractice claim against the hospital. Id. at 533-34, 463 S.E.2d at 400-01. The assailant in Johnson, however, was specifically hired by the hospital as clinical assistant, assigned to care for the victim and committed the unlawful acts while performing medical tasks that he had been assigned to do. Id, Therefore, the plaintiff in Johnson was able to demonstrate a professional relationship between the health-care provider and the patient--an element Massengill has been unable to prove here.
In sum, we hold that Massengill failed to present evidence of a professional relationship between himself and the health-care provider in this case, Knutson. Since a professional relationship must exist between the patient and a health care provider to maintain a medical malpractice claim, we must affirm the trial court's judgment holding that a medical malpractice action may not be maintained against Knutson.
Affirmed.
Judges WALKER and HUNTER concur.
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