Burgess v. Superior Court
Supreme Court of California
831 P.2d 1197 (Cal. 1992)
After Burgess (plaintiff) delivered her son Joseph by cesarean section under the care of obstetrician Gupta (defendant), she learned the baby had suffered permanent brain and nervous system damage from oxygen deprivation during delivery, and she experienced emotional distress upon waking from sedation and learning of his condition. Burgess sued Gupta for negligently inflicted emotional distress; the trial court granted Gupta summary judgment, finding Burgess didn't meet the legal requirements to recover for emotional harm, but the intermediate appellate court reversed, finding Burgess was a "direct victim" rather than a mere "bystander," and Gupta appealed.
Whether a mother may recover damages for negligently inflicted emotional distress against the physician who treated her during labor and delivery, when her child is injured during the delivery due to the physician's negligence.