A New York State court judge declined to view Dr. Mehmet Oz’s audience as patients. As a result, the judge dismissed one viewer’s claim against Dr. Oz for providing negligent medical advice on his TV show.
In March 2013, Frank Dietl filed suit against Dr. Oz claiming he suffered second and third-degree burns on his feet by following the doctor’s advice. After viewing an episode on insomnia, Dietl tried the suggested remedy to cure sleeplessness caused by cold feet.
Dr. Oz recommended putting uncooked rice in a pair of socks, microwaving the sock/rice combo, and then wearing them to bed. The doctor said that the “heated rice footsie” helped cure his own insomnia.
Dietl sued Dr. Oz, NBC, Sony Pictures Televsion and Harpo Productions for his injuries. Dietl has diminished sensation in his legs and feet due to diabetes induced neuropathy. Due to the neuropathy, he could not feel that he had overheated the rice. He alleged that the doctor should have warned viewers of potential injury, especially those with pre-existing conditions.
The judge dismissed the case saying that Dr. Oz did not have a physician-patient relationship with Dietl or any of the home-viewing audience. Without that relationship, there could be no duty of care in connection with the medical advice. As such, the doctor was not responsible for Dietl’s injuries.
According to the judge, there was no reason to create a “duty of care” relationship that would hold the doctor liable to those following his advice. The physician-patient relationship is not created by simply watching a physician address millions of anonymous viewers on TV. The judge wrote, “Dietl fails to convince this court that creating such a duty would be sound public policy.”
In fact, the opinion warned viewers to consult their own doctors when following advice suggested by doctors on TV. The viewers are in a better position to judge their own condition. She said “Dietl was well aware of his own medical condition” and the possibility of injuries caused by diminished sensation in his legs.
Dr. Oz Beats TV Viewer’s Lawsuit Over Medical Advice
Dr. Oz wins lawsuit by viewer who claims injuries over bad medical advice