Can a plaintiff claim damages for emotional distress in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from In re McClure, Case No.: 1:13-bk-10386-GM (Bankr. C.D. Cal. 2019):
Except for wrongful imprisonment, a claim for damages for emotional distress is not available to a plaintiff in a legal malpractice case. Merenda v. Superior Court (1992) 3 Cal.App.4th 1. Therefore there is no claim for emotional distress that can be asserted.
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