JULIA BURGESS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; NARENDRA GUPTA et al., Real Parties in Interest., 2 Cal. 4th 1064

Summary

Petitioner patient sought damages for negligent infliction of emotional distress against doctor and hospital, real parties in interest, following negligent delivery of her child. The appellate court granted petitioner a writ of mandate vacating respondent superior court's summary adjudication in favor of doctor and hospital. The court granted review and affirmed the appellate court's writ. The court held that the criteria for recovery by bystanders for negligent infliction of emotional distress was not controlling because doctor and hospital owed a preexisting physician-patient duty of care to petitioner. The negligence during delivery which caused injury to the fetus and resultant emotional anguish to respondent breached a duty owed directly to respondent because such distress was reasonably foreseeable. Lack of physical injury did not defeat petitioner's claim. The court further rejected the doctor's and the hospital's public policy arguments against a finding of liability. While ...