Budavari v. Barry
Jan 21, 1986OUTCOME: The trial court granted our demurrer and the appellate court affirmed
Plaintiff decedent's wife filed suit against defendants, hospital and physicians, for failing to advise the decedent he had cancer in an early, curable stage, which cancer was detected when decedent wa ... s being treated for other injuries. The cancer remained undiagnosed until it had reached a terminal state. Plaintiff's complaint alleged negligent infliction of emotional distress and loss of consortium. The trial court granted defendants' demurrer based upon plaintiff's lack of status as a bystander or the direct victim of negligence, and dismissed the case. On appeal, the court affirmed, and held that plaintiff did not state a claim under either the bystander rule or the direct victim principle. The court noted that plaintiff was not a bystander because the failure to detect cancer in the decedent was not an event that could be witnessed. The court also held that plaintiff was not a direct victim because defendants' alleged negligence was directed at the decedent not the plaintiff.
