Rylee Bailey died just days after she was born on July 27, 2020. A few days ago, her parents filed a medical malpractice action against Kaiser Foundation Hospitals and some clinicians. Bailey v. Kaiser Foundation, No. CVRI-210-3327 (Riverside Superior Court, Cal. July 26, 2021).
In addition to several counts for negligence, Bailey's parents assert a claim for intentional infliction of emotional distress (IIED). This claim is grounded in the "extraordinary pressure" that clinicians used to get the parents to withdraw life support from Bailey.
Bailey's parents ultimately did consent to withdraw life-sustaining treatment. So, this is not a unilateral withdrawal or "futility" case. Indeed, this is not about the treatment plan the clinicians recommended or implemented. It is about "how" they presented the plan and obtained consent.
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