Negligent Infliction of Emotional Distress

Claim of medical expertise is insufficient to meet element for negligent infliction of emotional distress without factual showing of alleged expertise.  Jessica Morton et al., v. Thousand Oaks Surgical Hospital, (No. B212585 California Courts of Appeal, Second Appellate District, Division Six, August 23, 2010).

In this action for negligent and infliction of emotional distress arising from a medical malpractice action, plaintiffs sought to expand the scope of liability which the California Supreme Court sought to limit in Thing v. La Chusa (1989) 48 Cal. 3d 644.  Plaintiffs= claimed at the time of their mother’s post-operative treatment they were experienced in the medical field and understood and appreciated the dangers placed by their mother in the event remedial action was not taken.  The appeals court agreed that the trial court in holding this allegation was insufficient to establish that the plaintiffs knew and appreciated the medical circumstances affecting their mother.  Their complaint failed to satisfy the second prong of Thing v. La Chusa’s three-prong test liability based on the theory of negligent of emotional distress.

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