This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Emotional Distress Birth Cases and the related topic of medical malpractice. For more information on emotional distress matters see the pages on Wikipedia.
Emotional Distress Birth Cases
2006 Castle v. Lester, 272 Va. 591, 636 S.E.2d 342.
In this medical malpractice action, the trial court did not err in instructing the jury that injury to the unborn child is physical injury to the mother and in admitting evidence of the mother’s claim for damages for mental suffering due to the birth of her impaired son including the nature of the child’s injury, his daily care needs and life expectancy as well as mother’s depression and loss of income.
1992 Fairfax Hosp. Sys. v. McCarty, 244 Va. 28, 419 S.E.2d 621.
Mother entitled to recovery for injury to fetus. Likewise mother entitled to recover for mental suffering resulting from birth of defective baby. Mother in this sense is patient, therefore entitled to her own cap on damages in medical malpractice action.
1982 Naccash v. Burger, 223 Va. 406, 290 S.E.2d 825.
Emotional distress birth cases.Wrongful birth case. Recovery allowed for emotional distress without physical impact. Question raised as to propriety of instruction on humiliation and embarrassment.
