Molien v. Kaiser Foundation Hospitals

Opinion

MOSK, J.

To what extent should the law permit recovery of damages for the negligent infliction of emotional or mental distress unaccompanied by physical injury? We consider this question in two contexts, both presented by an action charging defendants with erroneously diagnosing plaintiff’s wife as suffering from an infectious social disease.

Appealing from a judgment entered after a demurrer was sustained, plaintiff asks us to decide whether he may recover for negligently in*919flicted emotional distress and for loss of consortium, occasioned by emotional injury to his wife. As will appear,…