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.)
Plaintiffs’ Opposition to Demurrer by Defendant Darren White, M.D.; Memorandum of Points and Authorities in Support Thereof
Plaintiffs Ethan Lee, a minor, parents Kathleen Lee and Thomas Lee (“Plaintiffs”), oppose the demurrer of Defendant Darren White, M.D. (“Defendant”), to the Fourth Cause of Action brought by plaintiff-father Thomas Lee for negligent infliction of emotional distress, on the following grounds:
1. The complaint and the 4th cause of action allege each of the elements required for bystander negligent infliction of emotional distress to Thomas Lee, who is the father of the minor child Ethan Lee and the husband of Kathleen Lee, and whom witnessed the negligent acts upon his child and wife.
2. The opposition will be based on this notice, the accompanying Memorandum of Points and Authorities and all of the pleadings and records on file in this action, together with such other and further evidence, as may be presented at the hearing of the demurrer. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
MEMORANDUM OF POINTS AND AUTHORITIES
This is an action for medical malpractice during labor and delivery of infant Ethan Lee and his mother who were injured during labor and delivery.
The complaint contains five causes of action: (1) negligence during labor and delivery to Ethan Lee; (2) Negligence to the mother during labor and delivery, (3) Negligent infliction of emotional distress to the mother; (4) Negligent infliction of emotional distress to the father from witnessing the injuries to his wife and child; and (5) Loss of consortium for Thomas Lee because of injury to his wife Kathleen Lee.
The demurrer by defendant Darren White, M.D., is only directed to the 4th cause of action for bystander Negligent Infliction of Emotional Distress by Ethan Lee, wherein he witnessed the injury and negligence to his wife and child during the labor and delivery.
The 4th cause of action, specifically states in paragraph 47 of the complaint that it is brought pursuant to Thing v. LaChusa (1989) 48 Cal.3d 644.
The following points and authorities will evidence that plaintiff Ethan Lee has properly pleaded the elements required for bystander negligent infliction of emotional distress cause of action. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.