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HEDGEPETH v. WHITMAN WALKER CLINIC

No. 07-CV-158.

980 A.2d 1229 (2009)

Terry HEDGEPETH, Appellant, v. WHITMAN WALKER CLINIC and Mary Fanning, M.D., Appellees.

District of Columbia Court of Appeals.

Decided October 1, 2009.

Attorney(s) appearing for the Case

Jonathan C. Dailey, Fairfax, VA, for appellant.

Michael L. Sanders, Baltimore, MD, with whom Karen R. Turner, Bethesda, MD, and Brian J. Nash, Baltimore, MD, were on the brief, for appellees.

Before RUIZ and REID, Associate Judges, and FARRELL, Senior Judge.

PER CURIAM:

This appeal presents the court with a question we have addressed before, although not in the context of facts as stark as in this case, namely, whether a patient may recover damages for acute emotional distress resulting from a negligent misdiagnosis of Human Immunodeficiency Virus ("HIV"), where the misdiagnosis did not directly place the patient in physical danger.

There is no dispute that appellant, Terry Hedgepeth, never was HIV-positive, and...

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