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.