Newton

In the published portion of this opinion we shall consider whether the parents of a child injured during childbirth stated a cause of action on their own behalf against a hospital and its doctors for negligent infliction of emotional distress. We hold that they did. In the unpublished portion we consider and resolve the statute of limitations issues in favor of plaintiffs.

Plaintiffs appeal from a judgment of dismissal entered after the superior court sustained a demurrer to their first amended complaint for medical malpractice. In sustaining the demurrer the trial court held that all three causes of action in the complaint were barred by the statute of limitations, and that the third cause of action failed to state a claim as a matter of law. On appeal the plaintiffs raise issues concerning the validity and applicability of the statute of limitations for medical malpractice, and assert that their third cause of action states a cognizable cause of action for negligent in fliction of emotional distress. Because we agree with plaintiffs, we shall reverse the judgment of dismissal.

Facts

Since this appeal comes to us after an order sustaining a demurrer we shall accept as…