39 N.Y.2d 803 (1976)

A hospital can be held liable for the mental anguish caused to a parent when it negligently fails to properly search for a missing patient, resulting in the parent being denied access to and control over the deceased child’s body.

Summary

This case concerns a claim against the State of New York for the negligent handling of a deceased patient’s body at a state-run hospital. The Court of Appeals held that while the claimant failed to prove conscious pain and suffering of the deceased or wrongful death, he did prove his claim for mental anguish. The court found the hospital negligent for failing to conduct a diligent search for the missing patient, whose body was found on hospital grounds. This negligence resulted in the claimant being denied access to his daughter’s body, entitling him to damages for the mental anguish suffered.

Facts

Rose Lando, the claimant’s mentally deficient daughter, was a patient at a state-run hospital. She disappeared from the hospital. The hospital, after learning of her disappearance, failed to conduct a careful and diligent search of the hospital premises. Eleven days after her disappearance, her body was found in a wooded area on the hospital grounds, only 50 feet from the parking lot adjacent to her building.

Procedural History

The claimant, Ferdinando Lando, filed a claim against the State of New York, individually and as administrator of his daughter’s estate, in the Court of Claims. The Court of Claims ruled in favor of the claimant individually for mental anguish. The Appellate Division reversed the Court of Claims’ judgment. The Court of Appeals then reviewed the Appellate Division’s decision.

Issue(s)

Whether the hospital’s negligent failure to conduct a proper search for the missing patient, resulting in the parent being denied access to the deceased child’s body, constitutes a basis for damages for mental anguish suffered by the parent.

Holding

Yes, because the hospital’s negligence directly caused the claimant mental anguish by denying him access to and control over his deceased daughter’s body for an extended period.

Court’s Reasoning

The Court of Appeals agreed with the Court of Claims that the claimant proved his claim for mental anguish due to the hospital’s negligence. The court emphasized that the hospital had a duty to conduct a careful and diligent search for the missing patient. The court found the hospital’s search to be inadequate, evidenced by the fact that the daughter’s body was found a short distance from her building. The court reasoned that the hospital’s negligence directly caused the claimant mental anguish because he was denied access to and control over his daughter’s body for 11 days. The court stated that the claimant was “entitled to damages for the mental anguish he suffered when, solely by reason of the hospital’s negligence, he was denied access to and control over the body of his deceased daughter for a period of 11 days.” The court modified the Appellate Division’s order by reinstating the judgment in favor of the claimant individually for $5,000.