3368 Plaintiffs who saw their mother swelling and turning blue because her blood vessels had been negligently transsected by defendant doctor, but who were not present when the transsection occurred and were not aware of any misdiagnosis by defendant at the time they witnessed the swelling, did not have sufficient contemporaneous awareness of the negligence that caused their mothers injury to be entitled to recover for negligent infliction of emotional distress.CitationBIRD v SAENZ (Bad Catheter) 28 C4 910 [See: Bird v Saenz (RevGrtd) 86 CA4 167, T/AT 2/01; Thing v La Chusa 48 C3 644]
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