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MMLU / A mother took her five-year-old child to a hospital emergency room for…

Problem

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question

A mother took her five-year-old child to a hospital emergency room for treatment. A doctor on the hospital staff molested the child while treating her. At the time, no one was in the treatment room except the doctor and the child; the mother had left the room to get a cup of coffee. Two weeks later, when the child told her mother what had occurred in the treatment room, the mother suffered severe emotional distress that caused her to become physically ill. In an action against the doctor by the mother on her own behalf to recover for intentional infliction of emotional distress, is the mother likely to prevail?

choices

  1. No, because the mother was contributorily negligent in leaving the child alone with the doctor during treatment.
  2. No, because the mother was neither the direct victim of the doctor's conduct nor a contemporaneous witness.
  3. Yes, because the doctor's conduct was outrageous.
  4. Yes, because the mother's distress was the natural and foreseeable consequence of the doctor's conduct. €ƒ

subject

professional_law

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Source and history

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