Exercising a legal right can never amount to intentional infliction of emotional distress, however even if the behavior does cause some severe emotional trauma. While the disclosures of medical information considered in various prior court decisions may have fit within those categories (see e.g. Defendant Sebastian Schubl was the Hospital's chief surgical resident and was responsible for decedent's treatment. Extreme and outrageous conduct goes beyond merely the malicious, harmful or offensive. Which type of emotional distress claim you will file depends on the details of the incident you experienced. Defendants' actions in filming a patient's medical treatment and death in a hospital emergency room without consent, and then broadcasting a portion of the footage as part of a documentary series about medical trauma, were not so extreme and outrageous as to support a cause of action by the patient's family members for intentional infliction of emotional distress. Viewing the complaint liberally, and granting plaintiffs every favorable inference, we conclude that the estate has stated a cause of action against the Hospital and Schubl for breach of physician-patient confidentiality. To the extent plaintiffs belatedly attempt to argue that ABC aided and abetted those defendants in breaching confidentiality, that argument is not properly before us. The Court of Appeals modified the Appellate Division order to reinstate the cause of action against the Hospital and treating physician for breach of physician-patient confidentiality, holding (1) Plaintiffs stated a cause of action against these defendants for breach of physician-patient confidentiality; but (2) Defendants’ conduct was not so atrocious and intolerable as to support a cause of action for intentional infliction of emotional distress. Following is an example of a case law defining intentional infliction of emotional distress: The term “intentional infliction of emotional distress” can be defined as: conduct. For example, a plaintiff can use persistent anxiety and paranoia resulting from a Halloween prank gone bad to show that they suffered extreme emotional distress as a result of the conduct. 1172.. FACTS OF CASE That declaration was filmed by ABC, and decedent's prior treatment was apparently filmed as well. These are: The other party’s conduct was reckless or intentional; The other party’s behavior was outrageous and extreme; The other party caused your emotional distress; You can prove you suffered severe emotional distress ask@mayalaw.com, 261 Madison Ave, 26th Floor, New York, NY 10016 While the decedent in this case was being treated in the emergency room of The New York and Presbyterian Hospital (Hospital), employees of ABC News, a division of American Broadcasting Companies, Inc. (ABC), filmed the decedent’s medical treatment and death without consent. shall not be allowed to disclose any information which he [or she] acquired in attending a patient in a professional capacity, and which was necessary to enable him [or her] to act in that capacity" (CPLR 4504 [a]). Bodily harm also acts as an indicator that severe emotional distress has occurred. In the complaint's fourth cause of action, decedent's estate alleges "[t]hat defendants[] unnecessarily, recklessly, willfully, maliciously and in conscious disregard of [decedent's] rights disclosed and discussed his medical condition with cast members of NY MED and allowed them to videotape said conversations and videotape his [*5]medical treatment for broadcast and dissemination to the public in an episode of that television show." $5.7 million verdict intentional infliction emotional distress by Integrated Healthcare Holdings, Inc. (IHHI) - Attorney Ted Mathews for Dr. Fitzgibbons. Hence, at this point, the only element for which the sufficiency of the allegations is truly at issue is damages. The tort of intentional infliction of emotional distress may also be defined as a claim for “outrageous conduct” causing severe emotional distress because it can either involve deliberate or reckless infliction of mental suffering. Your intentional infliction of emotional distress case can only succeed if the defendant’s conduct can be defined as “outrageous.” Conduct will be considered outrageous if it “is so extreme as to exceed all bounds of that usually tolerated in a civilized community.” It’s not enough for … The privilege applies not only to information orally communicated by the patient, [*4]but also to information ascertained by observing the patient's appearance and symptoms, unless those factual observations would be obvious to lay observers (see Dillenbeck, 73 NY2d at 284). Asserting that the public does not have any legitimate interest in this information, the complaint states that "[d]efendants' disclosure of [decedent's] medical information constitutes a violation of physician[-]patient confidentiality and an invasion of his privacy and is a violation of State and Federal statutes protecting the privacy of medical records and information." Initially, we note that plaintiffs did not cross-appeal to the Appellate Division from Supreme Court's dismissal of the cause of action for breach of physician-patient confidentiality as asserted against ABC. The tort of intentional infliction of emotional distress by outrageous conduct differs from traditional intentional torts in an important respect: it provides no clear definition of the prohibited conduct. The newsworthiness privilege is applicable contribute to its severity Fahey and Garcia concur intentional infliction of emotional distress cases 2016 for the resulting emotional trauma the! 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