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Verdicts
Connecticut Court Says No Cause of Action for Bystander Emotional Distress
A Connecticut trial court granted a motion to strike a widow's bystander-emotional distress count in a case in which the widow alleged her husband was misdiagnosed at a hospital, returned home, and went into cardiac arrest. Estate of Mandile v. Dziczkowski, 2007 WL 2938665 (Conn.Super., 9/26/07).
Anna Mandile's suit claimed that her husband was suffering from lower back pain on Jan. 18, 2004 and went to the hospital, where he was misdiagnosed by Dr. Jeffrey Dziczkowksi and sent home. Back at home, the husband collapsed and soon died of cardiac arrest. Mandile and her husband's estate sued Dr. Dziczkowksi and others, alleging not only medical malpractice, but also emotional distress as a result of Mandile's witnessing her husband's collapse and the attempts made to revive him. The defendants argued there is no cause of action in Connecticut for bystander-emotional distress and, even if there were, Mandile would have had to have actually observed the alleged medical malpractice, not merely its consequences.
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