Wisconsin Supreme Court Denies Medical Malpractice for Bystanders

July 14, 2009

When a father who watched one of his twin sons die during a botched delivery, he was severely emotionally traumatized. He sued the hospital for wrongful death and medical malpractice, but when he attempted to sue for his own emotional distress, he was denied by the Wisconsin Supreme Court.

A lower court ruled that the father deserved the $200,000 award that he was seeking for emotional damages. However, it was appealed by the hospital’s attorneys and was eventually overruled. The family still received some damages for the accidental death of the twin.

The man’s wife had been identified as a high-risk patient. When she arrived at the hospital, she was in severe pain, but was not treated properly by the first-year resident who was assigned to her care. She began to deliver the baby in the hospital bathroom while her husband was searching for a doctor to attend the birth. When he finally located one, it was too late. The newborn died of asphyxia. His twin brother was delivered and survived the ordeal.