Volume 1997    Issue 2

Cancerphobia Damages in Medical Malpractive Claims

Jay E. Znaniecki^*

In many medical malpractice claims, plaintiffs seek damages for mental distress and anguish due to fear of cancer resulting from the alleged negligence. These claims are gaining wide acceptance by courts, and many courts have dispensed with or severely stretched the traditional requirement of a physical injury or manifestation in order for a plaintiff to recover for mental distress. This note advocates the complete elimination of these requirements. This note suggests that courts instead use a strict reasonableness standard to prevent unfair damage awards.

* Student Note