Molien v. Kaiser Foundation Hospitals

Molien v. Kaiser Foundation Hospitals, 27 Cal. 3d 916 (1980), was a case decided by the Supreme Court of California that first recognized that a "direct victim" of negligence can recover damages for emotional distress without an accompanying physical injury.^[1]

Factual background

A doctor employed by the defendant hospital incorrectly diagnosed a patient as having syphilis. The doctor encouraged the patient to disclose the illness to her husband, and the husband suffered emotional distress as a result.

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 need not be fulfilled.^[2]

References

1. ^ Henderson, J.A., et al. The Torts Process, Seventh Edition. Aspen Publishers, New York, NY: 2007, p. 317
2. ^ Henderson, J.A., p. 318