Question

A patient went to a doctor for treatment of a painful ear condition, which had caused her to experience loss of balance, dizziness, and nausea. While the doctor was examinnig her inner ear, he noticed a lump of wax. As the doctor was removing the lump, he also noticed what appeared to be the rear legs of an insect. With utmost care, the doctor extracted the foreign object from the patient's ear. The doctor then examined the substance, which proved to be a cockroach. As he held the insect in front of the patient to see, she became hysterical, fainted, and fell to the floor, breaking the collarbone. The incident caused the patient to develop a phobia and she became deathly afraid of insects.

In a suit for damages against the doctor, which of the following torts would provide the patient with her best theory of recovery?

A. Battery

B. Negligence

C. Negligent inflication of emotional distress

D. Intentional inflication of emtional distress

Answer 1

C. Negligent inflication of emotional distress.

This is a tort which permits the person to recover for emotional distress caused by the defendent's negligent conduct.

In this case, the patient has developed a phobia where she became deadly afraid of insects. It is a emotional distress and not physical distress.

The other options are not correct as they are either physical or intentional. Here the doctor didnt cause harm to the patient intentionally. Also option B has a much more wider scope and option C is more directly relevant to this case.