What is the test for a doctor's claim that he has stated a cause of action for negligent infliction of emotional distress?
California, United States of America
The following excerpt is from Molien v. Kaiser Foundation Hospitals, 167 Cal.Rptr. 831, 27 Cal.3d 916, 616 P.2d 813 (Cal. 1980):
We turn now to the merits of the appeal and first address plaintiffs' contention that he has stated a cause of action for the negligent infliction of emotional distress. Defendants maintain this issue is governed by Dillon v. Legg (1968) 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912; they emphasize that plaintiff was not present when the doctor announced the erroneous diagnosis, but learned of it later from his wife. As we shall explain, however, defendants rely too heavily on Dillon : the case is apposite, but not controlling.
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[616 P.2d 816]
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