Frivolous Lawsuit: Pseudocyesis

In the ER, when you hear an incoming paramedic unit give report on the phone/radio and the paramedic is barely able to reframe from laughing—something is up. Patient arrives via ambulance with a complaint of being 7 ½ years pregnant. Our pregnancy test is negative. Her response is, “they’re always negative.” Have you seen your doctor(s) for this and have they found a pregnancy? “No, they don’t believe me.” What do you do then? “I sue them.”

Pelvic examination shows a non-parous os, without any secondary signs of pregnancy and no bleeding. Her response, “that’s because the baby is wrapped in plastic.” No pregnancy was found and patient was discharged with an impression of pseudocyesis. A month later, at a cost of $10, she files a lawsuit. Several months later, after many hours and thousands of dollars, the case is dismissed on a general demurrer.

Complaint:

Jurisdiction:

Proper Court:

Plaintiff has suffered:

Plaintiff prays:

Additional:

Cause of action:

Court’s tentative ruling (subsequently granted):

Demurrer is sustained without leave to amend for failure to state a cause of action. No cause of action is stated based on the allegations that moving defendant is responsible for plaintiff’s “7 ½ year” pregnancy. Plaintiff has filed no opposition indicating that she can state a cause of action, but she has requested that this case be transferred to Judge ___. That request is denied as there is no basis for such request and there is no records in the court’s computer system or file that this matter was ever before Judge ___. Plaintiff’s request further states that she is now 8 ½ years pregnant, indicating that the defect of the complaint cannot be cured. Defendant to prepare a formal order and judgment of dismissal pursuant to CRC 391.

After the plaintiff’s dismissal, she attempted to sue the judge.

Tagged as: medmal, torts