Bradshaw v. Daniel
Tennessee Supreme Court
854 S.W.2d 865 (1993)
Dr. Daniel (defendant) treated Elmer Johns for Rocky Mountain Spotted Fever, a disease later confirmed by autopsy as the cause of Elmer's rapid death, but never warned Elmer's wife Genevieve — whom Daniel had spoken with during treatment — of her own exposure risk. A week later, Genevieve developed similar symptoms and died from the same disease. Her son, Bradshaw (plaintiff), sued Dr. Daniel, presenting expert testimony that family members living in close daily proximity face heightened exposure risk to this disease. The trial court denied summary judgment for Dr. Daniel but the court of appeals found the risk to Genevieve insufficient to create a legal duty, and Bradshaw appealed further.
Whether a physician has an affirmative legal duty to warn family members or others foreseeably at risk of exposure to a disease contracted by a patient under the physician's care.