7/31/2019 Pennsylvania Patients May Sue for Emotional Harm

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Article written by: Annie Reynolds

Annie Reynolodsis a plaintiffs attorneyin Philadelphia, Pennsylvania. Annie is an

advocate for those seriously harmed by

negligent actions of others.

Sheridan & Murray L1600 Market Street, Suite 2

Philadelphia, PA 19

866-INJURIES or 866-465-8

www.SheridanAndMurray.c

personal injury law

Pennsylvania Patients May Sue for Emotional Harm

The Pennsylvania Supreme Court has ruled that physicians may be sued for

allegedly causing a patient emotional distress, even though the patient has not

suffered physical harm. In a recent opinion, the Court ruled that doctors may be

held responsible for causing their patients to suffer from emotional distress if

they fail to provide their patients with accurate information.

This landmark case involved a pregnant woman who went to a radiologist for a

pelvic ultrasound. The doctor reportedly told her that the exam revealed that the

baby was healthy and normal. However, her son was born with several serious

deformities and birth defects, including partial arms and legs. Following the birth

of her child, the mother suffered numerous mental and emotional problems,

including, grief, rage, shock, nausea, hysteria, nervousness, sleeplessness,

nightmares and anxiety.

The plaintiff filed the lawsuit in the Pennsylvania Court of Common Pleas. The

trial court dismissed the suit, agreeing with the defendants that the plaintiff did

not bring a valid claim. The Pennsylvania Superior Court disagreed and held that

physical impact is not necessary for an emotional distress claim and that it was

reasonably foreseeable that the mother would endure emotional distress during

the birth of her child.

The Pennsylvania Supreme Court affirmed the holding of the Superior Court. In

sum, the case holds that a doctor is obligated to give accurate information to his

or her patients, and failing to do so is a breach of the physicians standard of care.

For the plaintiff in this matter, the doctors failure to prepare her for the shock of

her childs deformities caused extreme emotional distress. The Defendants have

petitioned for re-argument.

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7/31/2019 Pennsylvania Patients May Sue for Emotional Harm

2/2

Article written by: Annie Reynolds

Annie Reynolodsis a plaintiffs attorneyin Philadelphia, Pennsylvania. Annie is an

advocate for those seriously harmed by

negligent actions of others.

Sheridan & Murray L1600 Market Street, Suite 2

Philadelphia, PA 19

866-INJURIES or 866-465-8

www.SheridanAndMurray.c

personal injury law

Experts report that the ruling is consistent with a national trend of courts relaxingthe boundaries between emotional distress and physical impact. Similar holdings

have been reported in Texas, New Jersey, New York and Wyoming. If you or

someone you know has suffered serious injury or death as a result of medical

negligence, you may want to consider contacting a personal injury attorney to

explain and protect your rights

http://www.sheridanandmurray.com/http://www.sheridanandmurray.com/