Emotional distress

Feelings of frustration, fear, anxiety, or depression that occur when emotional needs are not being met.


A legal term referring to a nonphysical injury caused by malpractice or other wrongdoing. “Emotional distress” is used in the context of deciding what kinds of injury are compensable; that is, the kinds of injury for which a plaintiff can recover money from the wrongdoer. Normally, money damages are awarded for actual economic loss, such as medical expenses and lost earnings, and for noneconomic loss such as the pain and suffering which accompanies physical injury. Although emotional distress is acknowledged by the courts to be very real, money dam¬ ages for emotional distress alone are usually not allowed unless the wrongdoing that caused it was intentional or grossly reckless. Most medical malpractice cases do not involve the type of malice or recklessness required for the allowance of damages tor emotional distress.


 


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