When a person sustains a physical injury as the result of negligence on the part of a medical provider, most residents of Pennsylvania are aware that it is possible to try to hold the person or entity responsible via a medical malpractice lawsuit. A recent court ruling in Pennsylvania now makes it possible for a patient to sue a doctor for emotional distress regardless of whether there is any evidence of physical negligence.

The case that prompted the ruling in Pennsylvania stems from a lawsuit that was filed in 2005. In it, the mother of a baby born with deformities sued a doctor and the hospital for negligent and intentional infliction of emotional distress. According to the lawsuit, despite the doctor performing a pelvic ultrasound, he failed to prepare her for the deformities her child had and instead told her that the results of the ultrasound indicated a normal and healthy baby.

After the baby was born, the woman said she suffered a wide variety of emotional issues including anxiety, hysteria, nervousness nausea and sleeplessness.

Prior to the ruling there were only two ways in which a claim for emotional distress could be filed in the absence of physical negligence in the state.

The first was if a claimant was able to make a case that he or she was in a "danger zone" where the negligent behavior of a defendant almost caused a physical injury. The second is when someone witnessed a negligent act being performed on a member of his or her family, such as viewing a loved one being negligently operated on.

The change in Pennsylvania is one that is apparently taking hold throughout the nation.

Source: Medical Daily, "Doctors Can Be Sued for Emotional Distress Even Without Physical Negligence," Christine Hsu, Jan. 31, 2012