Asuncion v. Columbia Hospital for Women

FERREN, Associate Judge:

In this medical malpractice action, appellant alleges she suffered emotional distress, but no physical harm, when she saw passing from her vagina a bloody gauze pad which appellees, her doctors, had negligently failed to remove promptly after child birth. The trial court granted summary judgment because, in this jurisdiction, there is no recovery for negligent infliction of emotional distress, absent accompanying physical injury. Appellant argues: (1) this court should adopt the modern tort rule allowing recovery for negligently inflicted emotional distress…