Miller v. David Willbanks, M.D.

8 S.W.3d 607 (1999)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P gave birth to Heather Nicole Miller. Prior to delivery, P signed a form authorizing D to provide post-natal examinations and treatment for Heather. The next day, the Hospital discharged P but kept Heather pursuant to its policy of providing care for 48 hours to infants delivered by caesarean section. Heather awoke with an elevated body temperature, heart rate, and respiratory rate. D went to the Hospital, examined Heather, and diagnosed her as suffering from Drug Withdrawal Syndrome (DWS). D did not test Heather for the presence of drugs or discuss his diagnosis with P. The Hospital alerted Heather's parents to the infant's condition. Heather's father, contacted the Hospital by telephone and spoke with D. D informed the father that Heather was 'in distress' and possibly suffering from sepsis, but he would not elaborate. D informed the father that he would be performing a lumbar puncture on Heather, though he would not explain the purpose for the procedure, indicating only that it was necessary. Ps arrived at approximately 4:45 a.m., but D was not present and left no message. A nurse directed Ps to the nursery where they observed Heather lying in a crib with an intravenous needle protruding from her scalp. No medical personnel would answer Ps' questions concerning Heather's condition, so Ps waited until approximately 8:30 a.m. for D to return. Despite P's denials, D said that he did not believe P when she said she did not use drugs. P then agreed to D's request that she take a drug test. Rumors that Heather was a 'drug baby' began circulating throughout the Hospital. A Hospital social worker questioned Ps concerning their past drug use, backgrounds, living arrangements, and other children. At approximately 8:00 p.m., the head nurse finally informed the father that the drug tests came back negative at 11:00 a.m. Disregarding the negative drug test results, D reported his suspicions to the Grainger County Health Department. Within one week, a social worker and nurse from the Department visited Ps' home, interviewed Ps, inspected their living arrangements, and examined Heather -- all over P's objections. When the social worker returned less than two weeks later, the father reiterated his objections, and the social worker did not visit again. Ps sued D, Hamblen Pediatric Associates, and the Hospital for the tort of intentional infliction of emotional distress. 1Ds moved for dismissal or summary judgment, which the trial court granted due to Ps' lack of expert evidence to support their claims of serious mental injury. The Court of Appeals affirmed. Ps appealed.