Sacramento Woman Suffers Extreme Emotional Distress Due To Elder Abuse Of Husband, Part 6 of 8

It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse and personal injury case and its proceedings.)

The Fourth Cause Of Action For Intentional Infliction Of Emotional Distress Is Properly Pleaded

Defendant Dr. Wong also demurs to the Fourth Cause of Action alleging intentional infliction of emotional distress as caused by him to plaintiff Debra White.

It should be noted that this claim was made against Dr. Wong and other defendants in the original complaint in this action. In ruling on the demurrer of co-defendants Universal and Sutter VNA, the Court granted the demurrer with leave to amend, observing that it appeared that the conduct alleged appeared to be “outrageous,” but that more specific pleading as to each defendant’s conduct was necessary.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The quality of the conduct asserted against Universal in this cause of action is virtually identical to that asserted against Dr. Wong. The allegations of the Fourth Cause of Action incorporate those of the proceeding causes of action, including the Second Cause of Action, the content of which is summarized above. Together the allegations of the Fourth Cause of Action allege that Dr. Wong knew that Mr. White suffered from multiple hospital-caused conditions which made it impossible for him to be discharged home, including a Stage IV pressure ulcer, bowel impaction with frequent liquid stools, immobility, orthopedic injury, and inability to care for himself. These conditions required 24-hour care from skilled providers. Dr. Wong knew that Mrs. White was in a vulnerable emotional state from witnessing her husband’s decline and deterioration while at Universal and National. Nevertheles, Dr. Wong led Mrs. White to believe that she would be able to care for her husband at home, a representation that he could not believe was true. Relying upon such advice, Mrs. White agreed to the discharge of her husband to her home on March 27, 2008.

Upon attempting to care for Mr. White, it is alleged Mrs. White became overwhelmed and emotionally distressed by the magnitude of her responsibility and her inability to carry out all of the tasks necessary to provide for her husband’s medical needs twenty-four hours a day. It is further asserted that she suffered further severe emotional distress as she observed her husband’s condition worsen despite her best efforts.

Defendant again tries to characterize this alleged conduct or at worst an inadvertent clinical misjudgment. However, not every decision by a physician falls into that benign-sounding category. Judgements can range from good to poor to outrageous. Should plaintiffs prove the facts alleged in this Fourth Cause of Action, a jury would be justified in a finding that Dr. Wong acted in reckless disregard of the probability that Mrs. White would suffer emotional distress and that the conduct was intolerable in a civilized community. (CACI 1600, 1602).

The Demurrer to the Fourth Cause of Action should be overruled. (See Part 7 of 8.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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