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Hedgepeth v. Whitman Walker Clinic
District of Columbia Court of Appeals
22 A.3d 789 (2011)
Facts
Terry Hedgepeth (plaintiff) was informed by a doctor at the Whitman Walker Clinic (collectively, Whitman) (defendants) that he was HIV-positive. Upon learning of the diagnosis, Hedgepeth became depressed and began having suicidal thoughts. Hedgepeth was admitted to two hospital psychiatric wards and prescribed antidepressant medications. Hedgepeth’s depression caused him to lose his job and strained his relationship with his daughter. Hedgepeth developed an eating disorder, used illegal drugs, and engaged in other risk-taking behavior. Five years after the diagnosis, another clinic told Hedgepeth he was HIV-negative. Hedgepeth sued Whitman for negligent infliction of emotional distress. The court granted summary judgment to Whitman. A court of appeals division affirmed, ruling that Whitman’s negligent diagnosis had not placed Hedgepeth in a zone of physical danger, which was required to recover for negligent infliction of emotional distress. The court of appeals granted rehearing en banc.
Rule of Law
Issue
Holding and Reasoning (Ruiz, J.)
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