Home -> Law Blog Directory -> Personal Injury Law Blogs -> Sacramento Injury Lawyer Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Sacramento Injury Lawyer BlogReckless Abuse By Sacramento Nursing Facility Leads To Family's Lawsuit, Part 12 of 12
By Moseley Collins, Esq.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence case and its proceedings.)
It is also worth noting that situations similar to those described in this elder abuse 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.
Plaintiffs' Claim for NIED Is Well Pled
Negligent infliction of emotional distress ("NIED") as a cause of action is especially useful in nursing home cases because the cause of action belongs to the resident's individual family members and is not part of the survival action or the wrongful death action. California Elder Law Litigation: An Advocate's Guide (Cal CEB 2005). Section 2.64.2 of the treatise provides,
"In direct victim cases, the plaintiff need not personally observe the negligent conduct, but the defendant must owe a duty of care directly to the plaintiff who claims the emotional distress, not just to the patient or other individual who is physically injured, [citations]. One can argue that a nursing home has a direct duty to a resident's family to take good care of the resident as a service to the family, not just to the resident. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
A nursing home has a duty to a patient's family members to notify them regarding changes in the patient's condition, [citations] If a school district deliberately conceals from parents a known risk to a student, it usurps the parents' prerogative to protect the child, and so is liable to the parents as direct victims when the child is injured, [citations] If a skilled nursing facility operator deliberately conceals from the patient or family members developing changes in the patient's condition, a parallel argument can be made that the family's prerogative to protect the patient has been usurped."
Full post as published by Sacramento Injury Lawyer Blog on September 14, 2010 (boomark / email).
Nursing Homes
Types of Retirement Facilities and Payment Options
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations
Vioxx Lawsuits
Vioxx personal injury suits are a seroius concern for Merck and patietns
Construction Site Accidents
Lawsuits related to accidents
Bextra Injury Risks
Bextra Increases Risk of Fatal Heart Attack
Nursing Facility Settles Suffocation Lawsuit for $190K
Nursing Facility Settles Suffocation Lawsuit for $190K
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Lawsuit Filed Against Legacy Health Care Facilities for Nursing Home Abuse
Legacy Health Care Facilities Face Class Action Over Allegations of Abuse
Nursing Home Abuse
New Data Made Public
Foster Sisters
Department of Children and Family Services and Penny Lane Centers pay $420,000 child abuse settlement.
Nursing Homes
Many state agencies have reported incidents of negligent care of nursing home residents resulting in death.

Nursing home abuse lawsuit charging inadequate staff settlement
Fourth Lawsuit Filed Against LaSalle County Nursing Home
Family Accuses Illinois Nursing Home of Abuse
Nurses Aides Sued for Nursing Home Abuse
Illinois nursing home faces nursing home abuse lawsuit over residents death
Nursing Home, Nurses' Aides Sued for Nursing Home Abuse








