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BOLTON v. CAINE12/18/1990
greater difficulty than pertains to assessment of damages for any intangible injury," we relied on the "traditional tort principle of foreseeability" to provide "adequate protection against unduly burdensome liability claims for emotional distress." Id. at 1285. In Rowe, we stated that "an action may be maintained by a patient for serious mental distress caused by the negligence of his therapist despite the absence of an underlying tort." Rowe v. Bennett, 514 A.2d at 806.
As in Rowe, plaintiff's complaint in the present case "does state a claim on which relief can be granted and there are genuine issues of fact regarding the elements thereof." Id. at 807. A factfinder could find it foreseeable that a patient might suffer psychological harm as the result of her physicians' breach of duty to inform her of critical information relevant to a potential life-threatening illness.
Defendants further contend that because the decedent's condition was irreversible, any mental suffering she experienced was based on a misconception that earlier diagnosis and treatment might have altered the course of her disease. They argue that her "wholly unfounded" and "erroneous beliefs cannot create a cause of action." Stating that " t is impossible to foresee that an individual suffers under delusions," defendants argue that " f such misconceptions could form the basis of a claim for emotional distress, foreseeability is totally dispensed with and potentially any activities would give rise to such a claim." We disagree. A factfinder could conclude that the decedent's anguish about the time lost for treatment options was entirely reasonable based on the information available to her at that time. Because genuine issues of fact remain, the judgments of the Superior Court cannot stand.
The entry is:
Judgments vacated on Counts IV and V of plaintiff's complaint. Remanded for further proceedings consistent with the opinion herein.
All concurring.
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