Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act

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The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice resulted in injuries to the mother, fetus, or both.

In Steven Spangler and Heidi Brown v. Barbara Bechtel, et al., No. 49A05-0908-CV-482, unmarried parents Steven Spangler and Heidi Brown appealed summary judgment in favor of St. Vincent Randolph Hospital, nurse-midwife Barbara Bechtel, and Expectations Women’s Health and Childbearing Center for wrongful death and emotional distress. Their baby was stillborn and could not be resuscitated.

The appellate court found the parents have a claim for negligent infliction of emotional distress based upon Brown’s direct involvement in the stillbirth. Indiana courts have held on numerous occasions that when a malpractice claim is brought based upon malpractice affecting a pregnancy, the mother satisfies Shuamber’s modified impact rule, 579 N.E.2d 452, 454 (Ind. 1991). The hospital failed to cite a case in which an Indiana court precluded parents of a fetus suffering death as a result of medical malpractice from asserting a claim for negligent infliction of emotional distress, noted Judge Elaine Brown.

The judges also ruled the parents can assert their claim under the Medical Malpractice Act. In previous cases allowing for recovery of emotional damages for negligent infliction of emotional distress stemming from miscarriages or stillbirths, the mothers were physically injured as a result of malpractice.

Previous caselaw hadn’t addressed whether Brown would qualify as an “actual victim” of negligence able to assert the parents’ claim for emotional distress because she wasn’t physically injured by the malpractice. The appellate court was persuaded by the parents’ argument that if an unborn child isn’t a separate person under law, then the unborn child must be a part of the mother, physically and legally. Other jurisdictions with similarly constructed laws have reached this conclusion, wrote Judge Brown.

“We do not believe that the legislature intended such sweeping legal implications as to preclude medical malpractice liability on the one hand and allow it on the other based upon whether a full-term, viable fetus actually survives the pregnancy, even if for a day or two only,” she wrote.

The appellate court reversed summary judgment in favor of the hospital and midwife and remanded for further proceedings.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...