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Burgess v. Superior Court
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Burgess (Plaintiff) gave birth to her son, Joseph, by C-Section. Plaintiff was later informed that Joseph suffered from permanent brain and nervous system damage due to being deprived of oxygen. Plaintiff was emotionally distress after finding out about Joseph’s condition. Plaintiff sued Mr. Gupta (Defendant) the obstetrician who delivered Joseph claiming negligently inflicted emotional distress. Defendant asserted that Plaintiff did not meet the requirements for recovery of money damages for the emotional harm.
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