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Keywords

lawsuitdamagesmotiondivorce

motion

Related Cases

Chizmar v. Mackie, 896 P.2d 196, 63 USLW 2767, 69 A.L.R.5th 719, 73 A.L.R.5th 817

Facts

Savitri Chizmar was admitted to Providence Hospital in February 1989, where Dr. Mackie ordered an HIV test without her informed consent and informed her husband of the results without her authorization. The initial test indicated a positive result, leading to significant emotional distress for Savitri and marital problems that escalated into violence. After a follow-up test confirmed the initial result was a false positive, Savitri and her husband divorced. Savitri subsequently filed a lawsuit against Dr. Mackie for damages related to the misdiagnosis and breach of confidentiality.

Issue

The main legal issues included whether Savitri could recover for negligent infliction of emotional distress without physical injury, whether she could claim damages for emotional distress after learning the test result was a false positive, and whether her children could claim loss of consortium.

The Supreme Court, Moore, C.J., held that: (1) despite lack of physical injury, evidence was for jury on negligent infliction claim in view of fact that physician owed patient duty to refrain from activity that presented foreseeable and unreasonable risk of causing emotional distress.

Rule

The court held that a physician owes a duty to refrain from conduct that presents a foreseeable and unreasonable risk of causing emotional distress, and that emotional distress damages may be recoverable even in the absence of physical injury under certain circumstances.

The court held that a physician owes a duty to refrain from conduct that presents a foreseeable and unreasonable risk of causing emotional distress.

Analysis

The court analyzed the relationship between Dr. Mackie and Savitri, determining that the emotional distress resulting from a misdiagnosis of AIDS was foreseeable. The court found that Savitri's claim for negligent infliction of emotional distress could proceed to a jury, as the emotional harm was serious and the physician's conduct was negligent. The court also noted that the traditional requirement for physical injury to recover emotional damages was not applicable in this case.

The court analyzed the relationship between Dr. Mackie and Savitri, determining that the emotional distress resulting from a misdiagnosis of AIDS was foreseeable.

Conclusion

The Supreme Court affirmed in part and reversed in part, allowing Savitri's claim for negligent infliction of emotional distress to proceed while upholding the lower court's rulings on other claims.

Affirmed in part, reversed in part and remanded.

Who won?

The Supreme Court partially favored Savitri Chizmar by allowing her claim for negligent infliction of emotional distress to proceed, indicating that the emotional distress from a misdiagnosis of AIDS was a serious concern that warranted jury consideration.

The Supreme Court partially favored Savitri Chizmar by allowing her claim for negligent infliction of emotional distress to proceed.

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