Nor is failure to act on the part of a physician sufficient to support a claim for intentional infliction of emotional distress. Intentional infliction of emotional distress is conceptually a claim to recover for an emotional injury where there is no physical harm. Here plaintiff has alleged physical injury caused by defendant's negligence. If she also suffered emotional distress, that is an element of damages recoverable under her claim for negligence. Defendant's demurrer to the the third count, elder abuse, is overruled.
Defendant contends there is no such cause of action.
Technically it does not create a new cause of action. However, some courts have permitted plaintiffs to set forth a violation of Section 15610.23 as a separate cause of action. See for example, Mack v Soung 80 Cal. App.4th 966 which implies that such a cause of action is permissible. Here plaintiff has not pled a violation of 15610.23 as a separate cause of action.