O'GRADY V. BROWN
654 S.W.2d 904 (1983)
NATURE OF THE CASE: O'Grady (P) appealed an affirmation of the dismissal against Brown
(D) in Ps' suit for wrongful death of their daughter.
FACTS: P was nine months pregnant and began experiencing severe back pains. She spoke
with one of her physicians by telephone and then proceeded to D where she was admitted
shortly after midnight. P's uterus ruptured and the fetus was delivered stillborn. P sued
claiming that she was not properly monitored, observed, or treated by Ds and that her
injuries and the death of the fetus were the direct result of Ds' negligence. Ds filed
motions to dismiss or in the alternative for summary judgment. The trial court sustained Ds'
motions to dismiss which denied recovery for the death of a viable but unborn child. The
Court of Appeals affirmed the decision of the trial court. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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