How have courts dealt with a claim for emotional distress arising out of a failure to investigate and treat a lung lesion?
California, United States of America
The following excerpt is from Thing v. LaChusa, 208 Cal.App.3d 555, 231 Cal.Rptr. 439 (Cal. App. 1986):
Budavari v. Barry (1986) 176 Cal.App.3d 849, 222 Cal.Rptr. 446, decided January 1986, rejected a wife's claim for negligent infliction of emotional distress arising out of failure of physicians to investigate a lung lesion which led to her husband's cancer death three years later as the failure to detect or to treat the cancer was not an event which could be witnessed. 4
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