personal injury law

Article written by: Annie Reynolds

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.

Annie Reynolods is a plaintiffs attorney

in Philadelphia, Pennsylvania. Annie is an advocate for those seriously harmed by negligent actions of others.

Sheridan & Murray LLC

1600 Market Street, Suite 2500 Philadelphia, PA 19103 866-INJURIES
or

866-465-8743

www.SheridanAndMurray.com

personal injury law

Article written by: Annie Reynolds

Experts report that the ruling is consistent with a national trend of courts relaxing the 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

Annie Reynolods is a plaintiffs attorney

in Philadelphia, Pennsylvania. Annie is an advocate for those seriously harmed by negligent actions of others.

Sheridan & Murray LLC

1600 Market Street, Suite 2500 Philadelphia, PA 19103 866-INJURIES
or

866-465-8743

www.SheridanAndMurray.com