Hofmann v. Blackmon

241 So. 2d 752 · District Court of Appeal of Florida · 1970

Facts

A physician treated a father for two years without diagnosing tuberculosis. The father's two-year-old daughter subsequently contracted tuberculosis of the spine, requiring extensive treatment. Both father and daughter sued the physician's estate for negligence, with the lower court granting summary judgment against the daughter's claims.

Issue

Does a physician owe a duty to a patient's minor child, living in the same household, to warn of a contagious disease, even if the physician negligently failed to diagnose the disease in the patient?

Holding

Yes, the court reversed the summary judgment, holding that such a duty exists. The physician's negligent failure to diagnose the contagious disease does not negate this duty to the immediate family.

Rule

A physician owes a duty to a minor child, who is an immediate family member living with a patient suffering from a contagious disease, to inform those responsible for the child's well-being of the disease and necessary precautions. This duty is not negated by the physician's negligent failure to discover the contagious disease.

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Case brief last reviewed 2026-01-17. Prepared by CaseReader from the published opinion.