''Molien v. Kaiser Foundation Hospitals'', (1980), was a
case
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decided by the
Supreme Court of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
that first recognized that a "direct victim" of
negligence can recover damages for emotional distress without an accompanying physical injury.
Factual background
A doctor employed by the defendant hospital incorrectly diagnosed a patient as having
syphilis
Syphilis () is a sexually transmitted infection caused by the bacterium ''Treponema pallidum'' subspecies ''pallidum''. The signs and symptoms of syphilis vary depending in which of the four stages it presents (primary, secondary, latent, an ...
. The doctor encouraged the patient to disclose the illness to her husband, and when she communicated the erroneous diagnosis to her husband, their marital relationship was destroyed. When it was determined that the diagnosis was incorrect, the husband brought an action against the hospital for negligent infliction of emotional distress.
Decision
The court ruled that the risk of harm to the husband of the patient from a misdiagnosis was reasonably foreseeable, and that the tortious conduct was directed at the patient and her husband. As a "direct victim," the strict criteria for
negligent infliction of emotional distress
The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one has ...
need not be fulfilled.
[Henderson, J.A., p. 318]
See also
*
Cahoon v. Cummings (2000), Indiana case law
References
{{United States tort case law
United States negligence case law
1980 in United States case law
Supreme Court of California case law
1980 in California
Kaiser Permanente hospitals