Personal Injury Lawyer Blog
(Please 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 Brought By Plaintiff Debra White Has Been Properly Pleaded.
As discussed in the Introduction, supra, the Court, on ruling on a previous demurrer, stated that, with further delineation of the specific conduct of each defendant, a cause of action for intentional infliction of emotional distress could be stated, as the conduct described appears to be “sufficient to constitute outrageous conduct …”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The Fourth Cause of Action incorporates the specific allegations against each defendant which are set out in the previous three causes of action including their participation in the decision to discharge Mr. White and leave his care to his wife at home. It then alleges that all of the defendants who participated in the decision to discharge Mr. White to his home knew of the susceptibility and vulnerability of Debra White to sustaining emotional distress. It is alleged that they were further aware that, in view of Mr. White’s severe medical problems, Mrs. White was incapable of providing extensive nursing and care services her husband required and that even her best efforts in that regard would result in Harry White suffering a decline in his skin condition, bowel status, nutrition, and well-being.
National VNA, it is alleged, saw the condition of Mr. White in his home and saw how helpless Mrs. White was to adequate care for his Stage IV pressure ulcer, uncontrolled diarrhea, dehydration and malnutrition.
It is alleged that plaintiff Debra White became overwhelmed and emotionally distressed by the magnitude of her responsibility and her inability to carry out all of the tasks necessary for providing for her husband’s multiple medical needs included frequent diaper and linen changes and turning her husband every two hours. Paragraph 49 alleges that she suffered further severe emotional distress as she observed her husband’s condition worsening despite her best efforts.
These allegations, if proved, constitute outrageous conduct sufficient to support a claim for Intentional Infliction of Emotional Distress. The demurrer to the Fourth Course of Action must be overruled. (See Part 9 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.