Oswald v. LeGrand

Just prior to her five-month pregnancy checkup, Susan Oswald (plaintiff) experienced bleeding and painful cramping. Dr. Larry LeGrand (LeGrand) (defendant) examined Susan and sent her home to rest. Later that day, Susan was taken by ambulance to Mercy Health Center (Mercy) (defendant) for bleeding but was sent home and told to take it easy. The next day, the cramping and bleeding worsened. Susan’s husband, Larry (plaintiff), drove Susan to the Mercy emergency room, where Christopher Clark (defendant) examined Susan and told her she should return home. However, Larry insisted, and Susan was transferred to the labor ward. A ward nurse scolded Susan for coming after being told to rest. Another nurse told Susan that if she miscarried it would not be a baby but a “blob of blood.” The next day, Susan heard Clark yelling outside of her room that he did not want her as a patient and that he was sick of Dr. Smith, Susan’s family physician, “dumping” patients on him. Clark apologized and promised to care for Susan until he left for vacation later that day. Susan began to feel tremendous pain, became hysterical, and insisted that she was about to deliver. After examining Susan and reviewing a sonogram, Clark ordered further monitoring and left before the end of his scheduled duty. Shortly after, Susan delivered her baby. A nursed observed that the baby did not have any heartbeat or respiratory activity, declared the baby stillborn, and placed it on an instrument tray. LeGrand delivered the placenta but did not examine the infant beyond identifying the gender, on the assumption that the baby was stillborn. After Larry felt the infant grasp his finger, the nurse determined that the infant was alive and rushed it to the neonatal care unit, where it died 12 hours later. The Oswalds sued Mercy, Clark, and LeGrand for severe emotional distress from the negligent care of Susan and the infant and from witnessing the negligent treatment of their newborn infant. The trial court dismissed the claims for failure to bring expert testimony. The Oswalds appealed.