MOLIEN V. KAISER FOUNDATION HOSPITALS 27 Cal. 3d 916, 616 P.2d 813, 167 Cal. Rptr. 831 (1980) CASE BRIEF

MOLIEN V. KAISER FOUNDATION HOSPITALS

27 Cal. 3d 916, 616 P.2d 813, 167 Cal. Rptr. 831 (1980)

NATURE OF THE CASE: Molien (P), husband, appealed a judgment which sustained the demurrer filed by Kaiser (D) to D's complaint claiming damages for negligently inflicted emotional distress and for loss of consortium occasioned by emotional injury to his wife.

FACTS: Molien (P) and his wife were members of Kaiser Health Care Plan. P's wife received a physical examination from Kaiser (D). The doctor negligently diagnosed her as having syphilis. The doctor also told P's wife to have P tested. P got the test, and the results showed that he did not have syphilis. However, because of the wrong diagnosis, his wife accused P of having an affair. This problem led to hostility, 'causing a break-up of their marriage and the initiation of dissolution proceedings.' P sued D, claiming that he suffered emotional distress form the breakup of the marriage, and that this break-up was caused by D's negligence. P claimed that D knew or should have known their diagnosis that P's wife had syphilis and that he might also have the disease would cause him emotional distress. P alleged that he has in fact suffered 'extreme emotional distress' as a result of the negligent misdiagnosis. Additionally, he has incurred medical expenses for counseling in an effort to save the marriage. In his second cause of action P alleged that as a consequence of defendants' acts plaintiff has been deprived of the 'love, companionship, affection, society, sexual relations, solace, support, and services' of his wife. The trial court sustained D's demurrer. It stated that P could not recover for negligent infliction of emotional harm if he himself did not suffer any physical injury. P appealed

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