Bradshaw v. Daniel

854 S.W.2d 865 · Tennessee Supreme Court · 1993

Facts

Elmer Johns died of Rocky Mountain Spotted Fever (RMSF) while under Dr. Daniel's care. Dr. Daniel communicated with Johns' wife, Genevieve, but did not warn her of the risks of RMSF or that it caused her husband's death. A week later, Genevieve died of RMSF, and her son sued Dr. Daniel for negligence, alleging failure to warn.

Issue

Does a physician have a legal duty to warn a non-patient, immediate family member of the risk of exposure to the source of a patient's non-contagious disease, like Rocky Mountain Spotted Fever?

Holding

Yes, the physician had a legal duty to warn the non-patient wife of the risk of contracting Rocky Mountain Spotted Fever. The court reversed the Court of Appeals' grant of summary judgment for the defendant.

Rule

A physician has an affirmative duty to warn identifiable third persons in a patient's immediate family against foreseeable risks emanating from a patient's illness, even if the disease is non-contagious, when the physician knew or should have known of the disease and the risk to the family member.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.