Espinosa
Espinosa v. Beverly Hospital
Opinion
Opinion
Moore, J.
Appellant Isabel Espinosa entered respondent hospital under contract to receive obstetric care and services at the birth of her baby. On the third day thereafter respondents delivered to Isabel an infant purporting to be her own. Appellants took such child to their home and cared for it until their discovery that it was the offspring of others. On making known their grievance to respondents, the latter delivered to appellants another child which they' asserted was the progeny of appellants.
This action was instituted to recover $50,000 damages allegedly resulting from respondents’ negligence in causing “profound shock to their nervous systems; that they sustained great physical and mental suffering and were made sick, sore and lame.’’ The jury having returned a verdict in favor of respondents, appellants now seek a reversal of the judgment entered thereon.
The Espinosas’ demand is based primarily upon the court’s having given the following instruction:
In addition to this instruction, the court properly addressed the jury upon the issues raised by the pleadings. They were told that “definite nervous disturbances or disorders caused by mental shock and excitement are classified…