Can You Sue a Doctor for Emotional Distress?

During patient diagnosis and treatment, a doctor might make a mistake. Such a mistake might not necessarily result in a physical injury. For instance, a misdiagnosis can be emotionally traumatic, while patient mistreatment can be psychologically damaging. Such injurious acts by health professionals, whether carried out intentionally or negligently, can make you suffer from mental stress and anguish, but can you sue a doctor for emotional distress? Here's a look:

Suing for Emotional Distress

Emotional distress lawsuits can be tricky to win especially when their is no tangible evidence of suffering from the plaintiff. For such cases, it is hard to prove unless the plaintiff is convincing, backed by evidence, that the conduct of the defendant was extreme and outrageous. Lawsuits falling under the category of emotional distress are split into two different types:

Negligent Infliction of Emotional Distress: Under this category, the plaintiff must have suffered some emotional or mental suffering due to the extreme experience. The psychological distress may include issues such as panic, self-guilt, anxiety, depression, and suicidal thoughts.

Intentional Infliction of Emotional Distress: Here, the plaintiff suffers from severe emotional suffering as a result of the doctor's outrageous or extreme conduct. The actions of the plaintiff must have been intentional or carried out recklessly.

For claims based on negligence, the cases might be barred in various states based on the presence or lack of physical injury. Some states don't allow emotional distress claims particularly in cases where the suffering is a direct result of physical injury. Conversely, other states require the plaintiff to demonstrate or show evidence of the physical harm suffered or illness that has resulted from the emotional distress. And other states limit NIED claims strictly to emotional distress that is experienced directly or as a bystander within a region of physical danger.

When it comes to the second emotional distress claims based on intentional conduct, it all depends on how the terms are defined. First, it has to be determined whether the conduct of the medical practitioner was outrageous or extreme. Secondly, it has to be determined if the defendant's acts were intentional or reckless. Finally, you will be required to clarify whether the emotional distress was severe.

Proving Emotional Distress Claims

Having a solid prove of the elements of an emotional distress claim can be challenging. As the plaintiff, you are required to obtain a medical report an orthopedists or psychologists detailing the physical or emotional injuries suffered. To prove emotional distress, you need to show that the mental anguish was intense and lengthy. As well, the more severe or violent the underlying conduct was, the more likely you'll be able to link your distress to that conduct.

Due to the technicalities involved in the emotional distress lawsuits, it is advisable to seek the services of an experienced personal injury attorney. http://popickrutman.com/ contact us 718-321-7460