Can a patient of a medical caregiver maintain a cause of action for negligent infliction of emotional distress?

California, United States of America


The following excerpt is from Huggins v. Longs Drug Stores California, Inc., 24 Cal.Rptr.2d 587, 6 Cal.4th 124, 862 P.2d 148 (Cal. 1993):

The majority suggest that only a patient of a medical caregiver can maintain a cause of action for negligent infliction of emotional distress caused by the negligence of the caregiver. (Maj. opn., ante, p. 592 of 24 Cal.Rptr.2d, p. 153 of 862 P.2d.) However, Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916, 167 Cal.Rptr. 831, 616 P.2d 813 held that a man who was not the patient of a doctor could make out a claim for negligent infliction of emotional distress because the doctor advised the plaintiff's wife that she had venereal disease. The husband's well-being was in no way the "end and aim" of the doctor's relationship with the wife, but the husband, nonetheless, was considered the direct victim of the doctor's negligence in erroneously diagnosing venereal disease because the misdiagnosis necessarily involved him directly. I see the same direct impact on the parents of the infant who was injured by the negligence of the pharmacy in this case.

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