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HUNT v. MERCY MEDICAL

No. 1476, Sept. Term, 1997.

710 A.2d 362 (1998)

121 Md. App. 516

Carol Sue HUNT, Personal Representative of the Estate of Charles Dell'uomo v. MERCY MEDICAL CENTER, et al.

Court of Special Appeals of Maryland.

May 29, 1998.

Attorney(s) appearing for the Case

Marvin Ellin (Michael P. Smith and Ellin and Baker, on the brief), Baltimore, for appellant.

Peter E. Keith (Julie Ellen Squire and Gallagher, Evelius & Jones, L.L.P., on the brief), Baltimore, for appellee, Mercy.

Teri Kaufman Leonovich (Susan T. Preston and Goodell, DeVries, Leech & Gray, L.L.P., on the brief), Baltimore, for appellee, Fazekas.

Argued before MOYLAN, KENNEY and THIEME, JJ.

THIEME, Judge.

The issue presented in this case is whether emotional distress from being misdiagnosed with cancer is compensable within the physical injury rule. On the facts presented, we hasten to answer yes.

Charles Dell'uomo initiated a medical malpractice action before the Maryland Health Claims Arbitration Office after he was misdiagnosed as having prostate cancer and received several radiation treatments. He brought the action against four health care...

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