Thursday, March 29, 2012

Judge Robert A. Mazzoni of Lackawanna County Upholds Bystander NIED Claim In Medical Malpractice Claim

In his recent Opinion of Reap v. Mercy Health Partners, No. 2011-CIV-2116 (C.P. Lack. Co. March 22, 2012, Mazzoni, J.), Judge Robert A. Mazzoni of the Lackawanna County Court of Common Pleas addressed a variety of Preliminary Objections in a medical malpractice case.

Of note is the court’s decision to deny the Preliminary Objections on claims of recklessness and punitive damages.  The court also denied the Preliminary Objections against the claims for negligent infliction of emotional distress (NIED) in the context of a medical malpractice case.

With regards to the negligent infliction of emotional distress claims, the Defendants asserted that the Plaintiff did not observe an identifiable, traumatic event that resulted in an injury to the Plaintiff’s well-being. More specifically, the Defendants asserted that the Plaintiff did not witness her daughter’s demise.

In denying the Preliminary Objections to the negligent infliction of emotional distress claims, the court relied on, in part, the case of Bloom v. DuBois Regional Medical Center, 597 A.2d 671 (Pa. Super. 1991).

Anyone desiring a copy of this decision may click here.

To view other Tort Talk posts on this NIED topic click here.

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