It is worth noting that situations similar to those described in this brain injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
PLAINTIFF HAS PLEADED EACH OF THE REQUIRED ELEMENTS FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (NIED)
A. Elements to Be Proven re Bystander NIED:
California Jury Instructions (CACI)Civil 2008 gives the elements required to be proven in a bystander negligent infliction of emotional distress case. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
CACI 1621: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
BYSTANDER NIED – ESSENTIAL ELEMENTS:
[Name of plaintiff] claims that [he/she] suffered serious emotional distress as a result of perceiving [[an injury to] [the death of] [name of injury victim]. To establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] negligently caused [ [injury to] [the death of] ] [name of injury victim];
2. That [name of plaintiff] was present at the scene of the injury when it occurred and was aware that [name of injury victim] was being injured;
3. That [name of plaintiff] suffered serious emotional distress; and
4. That [name of defendant]’s conduct was a substantial factor in causing [plaintiff’s] serious emotional distress.
The essential elements to be pleaded to state a cause of action are determined by the substantive law and the complaint must contain a statement of the facts constituting the cause of action, in ordinary and concise language. Code of Civil Procedure § 425.10. (See Part 3 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.