"A woman who saw her mother choking on mucus at her nursing home during a FaceTime call has filed a lawsuit against the facility for negligent infliction of emotional distress.
Norma Clotaire filed the suit against the nursing home in Willow Grove, Pennsylvania, last week, Law.com reports. At issue is whether a bystander who witnesses a traumatic event involving a family member has to be physically present to recover emotional distress damages.
The issue has been raised in at least one other case. It alleged that a nurse abused a couple’s disabled son while they watched on a “nanny cam” that livestreamed the video and audio to a cellphone. A California appeals court ruled in December 2020 that the couple’s virtual, contemporaneous presence during the alleged abuse of their family member satisfied the legal requirements for a bystander lawsuit."
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