Lobdell v. Tarrant County Hospital District

OPINION

HILL, Justice.

Norma and Thomas Lobdell appeal from the granting of a summary judgment that they take nothing in their medical malpractice action resulting from the intrauterine death of their child. The trial court granted the appellees’ motion for summary judgment, holding that there is no right of recovery under the Texas Wrongful Death Act for the intrauterine death of a fetus.

We reverse and remand, because we find that there is a right of recovery under the Texas Wrongful Death Act for negligent conduct proximately causing the intrauterine death of a viable fetus.

In 1935, the Texas…