ILNews

Justices: emotional distress actions not barred

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act. As such, the court reversed summary judgment for a nurse-midwife, her alleged employer and the hospital.

In Steven Spangler and Heidi Brown v. Barbara Bechtel, Expectations Women's Health and Childbearing Center, and St. Vincent Randolph Hospital, No. 49S05-1012-CV-703, parents Steven Spangler and Heidi Brown filed three counts against the defendants after their child died in utero prior to delivery. Nurse-midwife Barbara Bechtel and Expectations Women’s Health and Childbearing Center argued that the claims for negligent infliction of emotional distress are governed by the Indiana Child Wrongful Death Act, under which a claim for the wrongful death of an unborn child wasn’t cognizable at the time of the death of the parent’s child in this case. The trial court concluded that the baby wasn’t a “child” for purposes of the CWDA.

The justices rejected the defendants’ argument that Ind. Patient’s Comp. Fund v. Patrick, 929 N.E.2d 190 (Ind. 2010), supports their claim and held that Patrick doesn’t preclude the possibility of a separate claim, outside the wrongful death statutes, for negligent infliction of emotional distress by a parent suffering a miscarriage or full-term stillbirth.  

“The only arguable support for the trial court's finding a lack of negligently-inflicted injury that we can perceive is that … the injuries to the plaintiffs' child were not actionable either at common law or under the Child Wrongful Death Statute in effect at the time of the death. Yet, this does not alter the undeniable fact that the death of an unborn child is an injury to the child. It simply means the injury is not one for which the unborn-child-victim can seek recovery; such an injury, however, is enough to support a claim for negligent infliction of emotional distress,” wrote Justice Brent Dickson for the unanimous court.

As long as the plaintiffs can satisfy the other requirements of the bystander rule, they may proceed with their actions seeking emotional distress damages, he continued.

With regards to the hospital, the high court found that claims for negligent infliction of emotional distress, if arising from alleged medical malpractice, are subject to the Medical Malpractice Act not because they are derivative, but because they are “otherwise” a result of alleged malpractice. They did not read Ind. Patient’s Comp. Fund. v. Winkle, 863 N.E.2d 1 (Ind. Ct. App. 2007), to preclude the plaintiff’s MMA actions for negligent infliction of emotional distress from the stillbirth of their child as the hospital had argued.  

“Thus a parent who suffers emotional distress from experiencing the birth of a lifeless child resulting from medical negligence is a ‘patient’ subject to the MMA, but such claims need not be seen as ‘derivative’ ones. Without the ‘derivative’ claim rationale, it was unnecessary for the Winkle court to opine that the CWDA's treatment of unborn children should be imported into the MMA. The scope of ‘patient’ under the MMA does not turn on whether the CWDA extends to unborn children,” wrote Dickson.

The high court remanded for further proceedings.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT