Personal Injury Lawyer Blog
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 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.)
Plaintiffs’ Memorandum of Points and Authorities in Opposition to Demurrer of Defendant Edward Wong, M.D. to Plaintiffs’ First Amended Complaint
INTRODUCTION
This is an action for damages brought by Debra White, surviving spouse of Harry White, deceased, and Paul White, the son of Harry White.
Defendant Edward Wong demurs to the Second Cause of Action of the First Amended Complaint alleging reckless neglect of an elder in violation of the Elder Abuse statutes. He also demurs to the Fourth Cause of Action alleging Intentional Infliction of Emotional Distress and the Fifth Cause of Action for Negligent Infliction of Emotional Distress.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The Second Cause of Action alleges a violation of the Elder Abuse Statues (Welfare & Institutions Code §15600 et seq.) and asserts that, as Harry White’s treating physician, Dr. Wong was charged with the duty of making orders that promoted the welfare, safety and health of his patient, Harry White. It is alleged that Dr. Wong acted with reckless neglect of his patient when he discharged Mr. White home from the National Rehabilitation Center with a host of severe medical problems.
Dr. Wong knew those conditions could not be cared for adequately because the only potential care giver there was Mr. White’s 75 year old wife, who had no medical training and was already distraught over the condition of her husband. It is alleged that severe injury, damage and deterioration in Mr. White’s condition were clearly foreseeable if he were discharged home, and that outcome is precisely was occurred.
The Fourth Cause of Action is one for Intentional Infliction of Emotional Distress brought by Debra White. It is alleged that Dr. Wong was aware of Debra White’s susceptibility to emotional distress due to the condition of her husband, but nevertheless intentionally issued orders which he knew would have the effect of placing an impossible burden on her 24-hour around the clock care for her severely ill husband who needed attention every two hours for multiple medical conditions. It is further alleged that the foreseeable damage occurred to Debra White: she became overwhelmed and overwrought by her inability to care for her husband and his deteriorating condition despite all of her best efforts.
The Fifth Cause of Action for negligent infliction of emotional distress is based on the same set of facts as the two counts described above. (See Part 2 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.