After being treated for a sinus condition at St. Vincent's Hospital, Melanie Suarez got a doctor's note which she didn't read before submitting to her employer. (She later learned the note contained obscene language.)
When Melanie sued the doctor and the hospital for "intentional infliction of emotional distress," the New York County Supreme Court dismissed the case.
Since the doctor's conduct went beyond his "scope of employment," the Appellate Division, First Department, thought St. Vincent's was relieved of any liability in the case.
The appellate court was also unreceptive to Suarez's intentional "infliction of emotional distress" claim because the doctor's language -- while "extremely offensive and bizarre" -- didn't transcend "all possible bounds of decency" so as to be actionable.
Is that what you would have prescribed?
To view a copy of the Appellate Division's decision, please use this link: Suarez v. Bakalchuk