Crucial Exams

Multistate Bar Examination Practice Question

A therapist closed her private practice and moved to another state. Before leaving, she assured her patients that their confidential records would be preserved and stored securely. However, the therapist discarded the records in an unsecured dumpster, in clear violation of patient confidentiality. A patient discovered the breach and reported experiencing severe emotional distress but did not suffer any physical harm. Can the patient seek damages for emotional distress in this situation?

  • The patient can recover damages because any negligent act that results in emotional upset gives grounds for recovery.

  • The patient cannot recover damages because discarding records, while improper, does not meet the standard for actionable emotional distress.

  • The patient can recover damages because the therapist violated a fiduciary duty which could lead to foreseeable emotional harm.

  • The patient cannot recover damages because claims for emotional distress usually require a physical injury as proof of harm.

Multistate Bar Examination
Torts
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