Dobran v. Franciscan Medical Center

The Ohio Supreme Court held in Dobran v. Franciscan Medical Center 102 Ohio St.3d 54, 2004 Ohio 1883, 806 N.E.2d 537, that the unfounded fear of metastasis of cancer cannot be the basis of a claim for negligent infliction of emotional distress. Dobran's sentinel lymph nodes had consistently tested negative for metastasis. One portion of the lymph nodes thawed before it reached its intended destination for more testing. The court pointed out that Dobran had not contracted cancer as a result of the defendant's negligence in allowing the sample to thaw, and that if his cancer returned in the future it would not be because the defendant had placed Dobran in any physical harm.