Recently, a state supreme court ruled that a patient who had not suffered any physical harm could proceed with her medical malpractice lawsuit. Although the decision did not come from a North Carolina court, it will most likely affect any similar future cases in the state, as judges usually look to decisions from other states when deciding new issues in their jurisdictions.

In the medical malpractice lawsuit, the plaintiff alleges that she suffered emotional distress as a result of the negligence of her doctor prior to the birth of her baby. During a pelvic ultrasound, she said, the doctor assured her that the baby was healthy, and that there appeared to be no fetal abnormalities.

But when the baby was born, he had several very apparent abnormalities and deformities. He had no legs below the knee joints and arms below the elbows, as well as an accessory tongue and delayed growth of the jaw. Upon seeing her son, the plaintiff suffered severe shock, and following delivery she continued to suffer from extreme emotional distress in the form of grief, rage, anxiety, hysteria, sleeplessness, and other mental anguish.

The court found that the doctor had acted negligently in failing to notice the fetal abnormalities, and that it had been foreseeable that the plaintiff would suffer severe emotional distress as a result of that negligence. As such, the court said, the plaintiff may proceed with the malpractice suit.

Normally, physical injury of some kind is required for a claim of emotional distress. There are two exceptions to this rule: when plaintiffs can prove that they were at immediate risk for harm from a defendant who was acting negligently, or when they see a defendant perform a negligent act on a family member. With this decision, however, the court seems to have carved out a third exception.

Source: Medical Daily, "Doctors Can Be Sued for Emotional Distress Even Without Physical Negligence," Christine Hsu, Jan. 31, 2012