Practice point: The emotional distress damages purportedly suffered by the
plaintiff as a result of a blood transfusion, which allegedly became necessary
because of the defendants' malpractice, are compensable in this action to
recover damages for medical malpractice. All that is needed to recover for
emotional injury is breach of defendant’s duty to plaintiff that results
directly in emotional harm, and evidence sufficient to guarantee the
genuineness of the claim.
Student note: Here, the court held that, inasmuch as the
plaintiff has alleged from the outset that receiving a transfusion would
violate her religious beliefs as a Jehovah's Witness, the record contained a
sufficient guarantee that her claim of having suffered emotional distress as a
result of the transfusion is genuine.
Case: DiGeronimo v. Fuchs, NY Slip Op 08685 (2d Dept. 2012).
Tomorrow’s issue: Liability of joint tortfeasors.
