Bradshaw v. Daniel
854 S.W.2d 865 · Tennessee Supreme Court · 1993
Facts
Elmer Johns died from Rocky Mountain Spotted Fever (RMSF) while under Dr. Daniel's care. Dr. Daniel communicated with Johns' wife, Genevieve, but did not warn her of the RMSF diagnosis or risks. A week later, Genevieve developed similar symptoms, was diagnosed with and died from RMSF. Her son sued Dr. Daniel for negligence, alleging failure to warn.
Issue
Does a physician have a legal duty to warn a non-patient, specifically a patient's immediate family member, of the risk of exposure to the source of the patient's non-contagious disease, Rocky Mountain Spotted Fever?
Holding
Yes. The court held that the physician had a legal duty to warn the patient's wife of the risk of contracting Rocky Mountain Spotted Fever, given the foreseeable risk to an identifiable third party in the immediate family. The Court of Appeals' summary judgment for the defendant was reversed, and the case remanded.
Rule
A physician-patient relationship creates a "special relationship" sufficient to impose an affirmative duty on the physician to warn identifiable third persons in the patient's immediate family against foreseeable risks emanating from the patient's illness, even if the disease is non-contagious, when the physician knows or should know of the risk. This duty is based on society's policy to protect individuals from foreseeable harm.
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