Pietila v. Crites

This is a medical malpractice case for emotional harm from the loss of a fetus. After the plaintiffs declined to amend their petition, the trial court granted summary judgment for the defendant physicians. The court of appeals, with one justice dissenting, reversed and remanded, holding there was a common law cause of action for mental anguish resulting from the loss of a fetus. 826 S.W.2d 175. We hold that mental anguish damages for the parents are not recoverable when the only asserted cause of action is negligence toward the fetus. We therefore reverse the judgment of the court of appeals…