Budavari
Budavari v. Barry
Opinion
Opinion
Roth, J.
Tessa E. Budavari appeals from a judgment of dismissal following the sustaining of a demurrer to her complaint for negligent infliction of emotional distress and loss of consortium. Respondents are a hospital and three physicians.
The allegations of the complaint, which we accept as true and provable (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ]), can be summarized as follows: Appellant’s husband died of lung cancer on April 7, 1984. Some three years earlier he had been treated by the three physician respondents at the respondent hospital for chest and knee injuries suffered in an automobile accident. Chest X-rays taken at that time showed a possible lesion on the lung, and this fact was noted on the decedent’s medical chart. Respondents negligently failed to inform the decedent of this finding or to further investigate it. In fact, the decedent had cancer in an early, curable stage. As a result of respondents’ negligence, the cancer remained undiagnosed until August 1983, when it had reached a terminal state. She alleged emotional harm suffered while her husband was dying and after his death, and permanent loss of…