New Indiana Case on Negligent Infliction of Emotional Distress
In a recent opinion (Spangler v. Bechtel, cause number 49S05-1012-CV-703), the Indiana Supreme Court ruled that the parents’ claim for damages for negligent infliction of emotional distress from experiencing the stillbirth of their child was not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act ("MMA"). After witnessing the death of their full-term child in utero during labor, the parents filed suit against the hospital (where child was delivered), nurse-midwife (provided pre-natal care and managed the delivery of the child at the hospital), and alleged employer of the nurse-midwife.
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