Elliott v. Methodist Hospital,
No. 01-98-01269-CR (Tex. App. May 24, 2001)
A
Texas woman sued a hospital when it failed to turn over pathology slides that
she could use to obtain a second opinion. The woman was initially diagnosed
with ulcerative colitis, but, during surgery, the surgeon changed this diagnosis
to possible Crohn's disease. Following surgery, the woman needed another operation,
and her diagnosis would determine what the appropriate operation would be. When
the Crohn's disease diagnosis was confirmed, the woman requested her medical
records for a second opinion. The hospital failed, despite repeated requests,
to turn over the pathology slides for over 18 months. The woman sued on a variety
of claims including intentional infliction of mental distress.
The trial court granted
the hospital's motion for summary judgment. The Court of Appeals of Texas, Houston
(1st District) reversed in part and allowed the woman to proceed with her claims
of intentional infliction of mental distress. The court held the elements of
such a claim to be intentional or reckless conduct, that is extreme or outrageous,
which causes severe emotional distress. The court found that, because the pathology
slides were necessary in determining a course of treatment and the hospital
withheld those slides for over 18 months despite repeated requests, during which
time the patient suffered rectal bleeding and pain, and the patient was so depressed
she required treatment with anti-depressant medication, the elements had been
met. Therefore, summary judgment was not appropriate.