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 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.)
Plaintiff Has Properly Pleaded A Cause Of Action For Negligent Infliction Of Emotional Distress As To Defendant Wong
Debra White, as an alternative claim to the intentional infliction of emotional distress cause of action, asserts a claim for negligent infliction of emotional distress.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
One of the bases for a “direct victim” claim for NIED is the negligent breach of a duty arising out a pre-existing relationship. Burgess v. Superior Court (1992) 2 Cal. 4th 1064 is the controlling authority on that cause of action. In that case, a mother was permitted to bring an action for NIED when her fetus was allegedly injured by negligence during delivery. The Court reasoned that there was a pre-existing relationship between the mother and the defendant physician such that a duty of ordinary care flowed from the physician to the mother.
The facts alleged in the Fifth Cause of Action allege an analogous case of pre-existing relationship.
It is clearly asserted that Dr. Wong undertook to encourage Mrs. White to agree to discharge her husband based upon representations, which were without basis, that he could be cared for at home as long as she was trained. The defendants then undertook to train Mrs. White for this task. (See Part 8 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.