NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

Ozdemir v. Somerset Med. Ctr., No. 3:02-CV-1600 (N.D.N.Y. July 3, 2007)

The United States District Court for the Northern District of New York dismissed a "bystander" claim filed against a hospital by the fiancé of a deceased patient based upon allegations of negligent infliction of emotional distress. The court found that the evidence failed to establish the type of intimate familial relationship between the patient and her fiancé required under state law to maintain a bystander claim, noting that while they had a long-term relationship, they had only recently gotten engaged and they had not resided together for a period of several years. On that basis, the court held that the fiancé lacked standing to bring his claim. Accordingly, it was not necessary for the court to consider further whether, and under what circumstances, the fiancé may have been entitled to court-ordered disclosure of the patient's medical records which were protected under the Health Insurance Portability and Accountability Act.