A mother who had recently given birth was given someone else’s child to nurse, but realized the mistake after a short time. The mother and father filed suit against the hospital alleging, among other things, negligent infliction of emotional distress. The hospital admitted a breach of the standard of care, but argued on summary judgment that there was no genuine issue of material fact regarding the mother’s lack of emotional injuries as required by Camper v. Minor, 915 S.W.2d 437 (Tenn. 1996). The trial court granted partial summary judgment to the defendant hospital by limiting the mother’s claim for damages to those suffered within ten days of the hospital’s error while the couple awaited confirmation that the baby they brought home was their biological child. We affirm the trial court in part and reverse in part.
Case Number
M2006-02301-COA-R9-CV
Originating Judge
Judge Marietta Shipley
Case Name
Sonja Filson, et al. v. Seton Corporation d/b/a Baptist Hospital, et al.
Date Filed
Dissent or Concur
No
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