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Torts Keyed to Miller
Keim v. Potter
Citation:
783 N.E.2d 731 (2003)Facts
David Keim (Plaintiff) sued his doctor, Robert Potter (Defendant) for negligent infliction of emotional distress after receiving a mistaken diagnosis of hepatitis C, a life-altering and potentially deadly illness. At that time, Keim was thirty-three years old and married, with two young children. Dr. Potter explained that the disease would cause symptoms including fatigue, pain, and jaundice, and that the quality of his life would be substantially diminished. Dr. Potter told Keim that he could develop serious liver damage, including cirrhosis and cancer. Finally, Dr. Potter explained that Keim’s hepatitis C would kill him in fifteen to twenty years’ time. Because hepatitis C is transmitted through bodily fluids, Keim was forced to take extreme measures to protect his wife and children from becoming infected through contact with him. However, he later learned that his doctor had misdiagnosed him.
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NegligenceTopic Refresher Course
Breach: Major and Minor