Hahn

In this appeal from a ruling on a demurrer, we consider this factual predicate: A woman is told she has a particularly aggressive form of breast cancer. She undergoes chemotherapy and has a radical mastectomy in an attempt to save her life. The pathology report prepared after the surgery shows the woman did not have cancer at all. The woman’s doctors learn their patient did not have cancer, but they do not tell her. As a result, the woman lives for more than two years believing she has a fatal disease. We hold these facts can support her husband’s independent cause of action for loss of consortium.

I. FACTUAL AND PROCEDURAL BACKGROUND

Since the focus of our inquiry is the sufficiency of the allegations challenged by respondents’ demurrer, we set forth the facts alleged in the operative third amended complaint of plaintiff Cynthia Hahn and her husband, plaintiff and appellant Kurt Hahn.

Respondents Daniel Mirda and Paul Dugan are medical doctors. Cynthia Hahn is their patient.

In March 2001, Ms. Hahn was diagnosed with cancer of her right breast. Dr. Robert Lanflisi, a surgeon, performed a lumpectomy. The pathology report stated there was no residual cancer in Ms.…