In medical malpractice resulting in miscarriage or stillbirth, which is true about damages for emotional distress?

• A. The mother may not recover emotional distress damages.
• B. The mother may recover emotional distress damages even without an injury to the mother.
• C. Emotional distress damages are available only if there is an accompanying physical injury to the mother.
• D. Emotional distress damages are precluded if the infant is affected.

Answer: (B)

When medical malpractice causes a pregnancy loss, the mother may recover emotional distress damages even if she has no physical injury of her own. The harm the law recognizes here is the loss of the pregnancy itself and the accompanying emotional impact, not a bodily injury to the mother. This means the damages aren’t limited by a requirement of physical injury. The other ideas don’t fit: distress damages aren’t barred just because there’s no bodily injury, they aren’t limited only to cases with a physical injury, and the fact that the infant is affected does not negate the possibility of recovery for the mother’s emotional distress.