The Minnesota Court of Appeals Monday denied the appeal of a critical care nurse who had sued a psychiatrist for medical malpractice after she filed a workers compensation claim alleging work-related post-traumatic stress disorder.
The court dismissed the suit for failure to state a claim and because the nurse failed to file various court motions in a timely manner.
The nurse had filed a comp claim in 2017 related to incidents between her and a coworker that she claimed led to her quitting her job as a critical care nurse. A psychiatrist conducted an independent psychological examination in April 2018, finding the nurse didn’t suffer from PTSD.
The nurse alleged in her suit that the psychiatrist’s actions during the exam retraumatized her.
The appellate court said the lower court’s dismissal of the case was proper because independent psychological exams in workers comp claims don’t create a patient-physician relationship. The nurse had argued there was a relationship because the psychiatrist gave her treatment recommendations and offered a diagnosis.