Can Your Doctor Be Liable for Causing You Emotional Distress?
Doctors can be sued for emotional distress under certain circumstances, typically falling into two main categories: Negligent Infliction of Emotional Distress (NIED) and Intentional Infliction of Emotional Distress (IIED). Here's a detailed analysis of each:
Negligent Infliction of Emotional Distress (NIED)
Definition: NIED occurs when a doctor's negligent actions cause a patient to suffer emotional distress. This can include misdiagnoses, delayed diagnoses, or other forms of medical negligence that lead to significant mental suffering.
Requirements:
Duty of Care: The doctor owed a duty of care to the patient.
Breach of Duty: The doctor breached this duty through negligence.
Causation: The negligence directly caused the patient's emotional distress.
Severity: The emotional distress must be severe enough to impact the patient's daily life.
Examples: A doctor misdiagnoses a serious condition, causing the patient to experience severe anxiety and depression. Another example is a delayed diagnosis that leads to unnecessary suffering and emotional trauma.
Intentional Infliction of Emotional Distress (IIED)
Definition: IIED occurs when a doctor's intentional or reckless conduct causes severe emotional distress to a patient. This is a higher threshold than NIED and requires proof of extreme or outrageous behavior.
Requirements:
Outrageous Conduct: The doctor's behavior must be extreme and outrageous, beyond the bounds of decency.
Intent: The doctor must have intended to cause emotional distress or acted with reckless disregard for the likelihood of causing distress.
Causation: The conduct directly caused the patient's emotional distress.
Severity: The emotional distress must be severe and debilitating.
Examples: A doctor intentionally misleads a patient about their diagnosis to cause fear and anxiety. Another example is a doctor who verbally abuses or humiliates a patient, leading to severe emotional trauma.
Proving Emotional Distress Claims
Medical Evidence: To succeed in an emotional distress claim, the patient must provide medical evidence of their emotional distress. This can include testimony from psychologists or psychiatrists, medical records documenting the distress, and any other relevant documentation.
Impact on Daily Life: The emotional distress must be significant enough to impact the patient's daily life. This can include symptoms such as anxiety, depression, insomnia, and other mental health issues.
Legal Recourse: Patients can seek compensation for emotional distress through a personal injury lawsuit. The compensation can cover medical expenses, lost wages, and pain and suffering.
Conclusion
Doctors can be sued for emotional distress if their actions, whether negligent or intentional, cause significant mental suffering to a patient. Understanding the requirements and gathering the necessary evidence are crucial steps in pursuing such a claim. Consulting with a personal injury attorney can provide guidance and support throughout the process.