Black Americans have constantly been victims of health disparities and unequal treatment in healthcare facilities. This is not new. However, more attention has been paid to accounts from Black Americans alleging that their providers ignored them or their families in crisis, leading to grave consequences. Though we do have a medical malpractice system that is equipped to remedy physical manifestations of medical negligence, there has been minimal dialogue about how to hold provider accountable for more abstract medical grievances like ignoring Black patients. This Article argues that the negligent infliction of emotional distress claim is an appropriate forum to address this issue.
Expanding Accountability: Using the Negligent Infliction of Emotional Distress Claim to Compensate Black American Families Who Remained Unheard in Medical Crisis,
72 Hastings L.J. 1637
Available at: https://repository.uchastings.edu/hastings_law_journal/vol72/iss6/2