Strasel v. Seven Hills Ob-Gyn Associates, Inc.
Court of Appeals of Ohio
866 N.E.2d 48 (2007)
Christina Strasel (plaintiff) went to Seven Hills OB-GYN (defendant) for a pregnancy appointment; a sonogram found a sac without a detectable heartbeat, and the sonographer recommended further testing to confirm a suspected blighted ovum. Instead, physician Dr. Xavier Ortiz reviewed the file without personally examining Strasel or ordering further tests, confidently diagnosed a blighted ovum, and performed a dilation and curettage (D&C) -- an abortion-like procedure -- warning that delay could endanger her health. Weeks later, Strasel returned with continuing symptoms and was found to actually have a viable 13-week pregnancy; Ortiz admitted his misdiagnosis and warned the D&C might have caused unknown fetal harm. Strasel suffered panic attacks, major depression, and PTSD from fear over the baby's health, though she eventually delivered a healthy girl. She sued for malpractice and negligent infliction of emotional distress; a jury awarded her $372,000, the trial court denied post-trial motions, and both sides appealed, including Strasel's challenge to the denial of prejudgment interest.
Whether a cause of action for negligent infliction of emotional distress exists when a mother reasonably believes that the unborn child is in peril, regardless of whether the child suffers actual physical harm, and as a result of the fear, the mother suffers serious emotional distress.