SPECIAL DUTY RULES–PROTECTING THIRD PARTIES

Question 1

Emerich v. Philadelphia Center for Human Development (therapist case)

Answer 1

A couple both saw the same therapist and therapist warned the woman not to go to her apartment because there would be danger there, she didn’t listen and was killed–Court found therapist did have a duty to warn when threat is specific and identifiable, and there is a special relationship between patient and doctor, so therapist warning was good enough

Question 2

Bradshaw v. Daniel (spotted fever case)

Answer 2

Doctor treated her husband for Rocky Mountain spotted fever, but did not warn wife about symptoms and she died from it–Court found physician does have a duty to warn family members of foreseeable risks associated with what is being treated because of special relationship between patient and doctor