A therapist closed her private practice and moved to another state. Before leaving, she assured her patients that their confidential records would be preserved and stored securely. However, the therapist discarded the records in an unsecured dumpster, in clear violation of patient confidentiality. A patient discovered the breach and reported experiencing severe emotional distress but did not suffer any physical harm. Can the patient seek damages for emotional distress in this situation?
The patient cannot recover damages because discarding records, while improper, does not meet the standard for actionable emotional distress.
The patient can recover damages because the therapist violated a fiduciary duty which could lead to foreseeable emotional harm.
The patient can recover damages because any negligent act that results in emotional upset gives grounds for recovery.
The patient cannot recover damages because claims for emotional distress usually require a physical injury as proof of harm.
The correct answer reflects the principle that emotional distress claims can be valid in the absence of physical harm when the defendant violates a duty that arises from a special relationship, such as the trust between a therapist and a patient. Breaching confidentiality is considered egregious and capable of causing significant emotional harm. The incorrect answers fail because they incorrectly set absolute bars to recovery, misinterpret the required standards for emotional harm, or overgeneralize liability to any act of negligence.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is fiduciary duty in the context of therapist-patient relationships?
Open an interactive chat with Bash
How is emotional distress damages determined in legal cases?
Open an interactive chat with Bash
What are the standards for claiming emotional distress without physical injury?