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Keywords

plaintiffdefendantdamagestrialmotionduty of care

contracttortplaintiffdefendanttrialmotion

Related Cases

Molien v. Kaiser Foundation Hospitals, 27 Cal.3d 916, 616 P.2d 813, 167 Cal.Rptr. 831, 16 A.L.R.4th 518

Facts

Plaintiff Stephen H. Molien and his wife, Valerie G. Molien, were members of the Kaiser Health Plan. After a routine examination, Dr. Kilbridge erroneously diagnosed Mrs. Molien with syphilis, leading to unnecessary treatment and emotional distress for both spouses. The plaintiff was required to undergo blood tests, which confirmed he did not have the disease, but the misdiagnosis caused marital tension and emotional distress, ultimately leading to the initiation of dissolution proceedings.

Defendants knew plaintiff husband would learn of the diagnosis, as they instructed Mrs. Molien to so advise him. Thereafter plaintiff was required to undergo blood tests himself in order to ascertain whether he had contracted syphilis and was the source of his wife's purported infection.

Issue

To what extent should the law permit recovery of damages for the negligent infliction of emotional or mental distress unaccompanied by physical injury?

We consider this question in two contexts, both presented by an action charging defendants with erroneously diagnosing plaintiff's wife as suffering from an infectious social disease.

Rule

A cause of action may be stated for the negligent infliction of serious emotional distress, and recovery for loss of consortium is permissible even when the spouse's injury is non-physical.

We conclude that emotional injury may be fully as severe and debilitating as physical harm, and is no less deserving of redress; the refusal to recognize a cause of action for negligently inflicted injury in the absence of some physical consequence is therefore an anachronism.

Analysis

The court applied the principle of foreseeability to determine that the defendants owed a duty of care to the plaintiff, as the emotional distress resulting from the erroneous diagnosis was a foreseeable consequence of their actions. The court emphasized that the traditional requirement of physical injury as a prerequisite for recovery of emotional distress was outdated and should be reconsidered in light of contemporary understanding of mental health.

The risk of harm to plaintiff was reasonably foreseeable to defendants. It is easily predictable that an erroneous diagnosis of syphilis and its probable source would produce marital discord and resultant emotional distress to a married patient's spouse.

Conclusion

The Supreme Court reversed the trial court's judgment, allowing the plaintiff to proceed with his claims for negligent infliction of emotional distress and loss of consortium.

Accordingly, the judgment must be reversed and plaintiff permitted to go to trial.

Who won?

Plaintiff Stephen H. Molien prevailed because the court recognized the validity of his claims for emotional distress and loss of consortium, which were based on the negligent actions of the defendants.

We thus agree with plaintiff that the alleged tortious conduct of defendant was directed to him as well as to his wife.

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