Torts Keyed to Henderson
Burgess v. Superior Court
Burgess (Plaintiff) gave birth to her son via cesarean section. Shortly after, she was told that her baby suffered both nervous system damage and brain damage because of oxygen deprivation. After receiving sedatives, Burgess woke up after the sedatives wore off and felt emotional distress. Burgess then brought a claim for negligently inflicted emotional distress against Gupta (Defendant) the doctor who delivered Burgess’ child. After Plaintiff’s motion for summary judgment was denied, Burgess appealed where the intermediate appellate court held the defendant caused negligent infliction of emotional distress. Gupta appeals the intermediate appellate court’s decision.
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