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Crisp Regional Hospital9/23/2005
ingly consented to treatment by a physician on the workers' compensation panel who offered such treatment. See Anderson v. Houser, 240 Ga. App. 613, 617-619 (523 SE2d 342) (1999).
Dr. Thomas arrived at the clinic on the morning of February 1, 2002, and learned that Dr. Sewell had examined Oliver at the clinic for a work-related injury and ordered an MRI, but that Crisp Regional refused to perform the MRI because Dr. Sewell was not on the workers' compensation panel and had no authority to order the MRI. With this knowledge, Dr. Thomas reviewed Oliver's chart at Dr. Sewell's request, agreed that an MRI was necessary, and ordered the MRI as an authorized panel physician. These facts are sufficient to support a reasonable inference that, although Dr. Thomas had not physically seen or examined Oliver, he knowingly accepted Oliver as his patient. Id. at 617-619. Merely offering Dr. Sewell his professional opinion agreeing that an MRI was necessary would not be enough to establish that Dr. Thomas knowingly accepted Oliver as his patient. See Minster v. Pohl, 206 Ga. App. 617, 618-620 (426 SE2d 204) (1992); Dawson v. Fulton-DeKalb Hosp. Auth., 227 Ga. App. 715, 718 (490 SE2d 142) (1997), rev'd on other grounds in Fulton-Dekalb Hosp. Auth. v. Dawson, 270 Ga. 376 (509 SE2d 28) (1998). But there are additional facts from which a trier of fact could reasonably conclude that Dr. Thomas did more than merely consult with Dr. Sewell and offer a professional opinion. On the present record, a trier of fact could reasonably conclude that Dr. Thomas participated in Oliver's diagnosis and treatment when he used his authority as a physician on the workers' compensation panel to find that an MRI was necessary and to order the MRI as part of Oliver's treatment. See Anderson, 240 Ga. App. at 618-619. Accordingly, the trial court correctly denied the motion for partial summary judgment brought by Dr. Thomas and Physician Services on this issue. Lau's Corp., supra.
Judgment reversed in Case No. A05A1173. Judgment affirmed and appeal dismissed as moot in part in Case No. A05A1174. Judgment affirmed in Case No. A05A1175. Phipps and Mikell, JJ., concur.
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