Bird v. Saenz,

Bird v. Saenz,

No. S095474 (Cal. Aug. 12, 2002)

The Supreme Court of California held that the daughters of a woman who was injured
by alleged medical malpractice during surgery could not maintain a negligent
infliction of emotional distress claim against the doctors who treated their
mother since they were not aware that the doctors’ actions constituted malpractice
at the time the injury to their mother occurred. Accordingly, the daughters
were not contemporaneously aware of the connection between the injury-producing
event and the actual injury. The court stated in dicta, however, that under
certain circumstances an individual may maintain a negligent infliction of emotional
distress claim based upon his or her perception of medical malpractice. In order
to do so, the malpractice would have to be obvious to the person — for instance,
if the individual watched as doctors removed the wrong leg of his or her close
relative.