Sesma

Plaintiffs Dolores and Ramon Sesma (Sesmas) appeal the dismissal of their complaint for wrongful death and emotional distress based on the death at birth of their infant child.

After answer and partial discovery, defendant Jose M. Cueto, M.D., was granted summary judgment as to both parties on both causes of action.

Defendant Mercy General Hospital has answered, did not seek a summary judgment, is not a party to this appeal. Plaintiffs contend, and we agree, that several material issues of fact remain, requiring trial.

Facts

On August 26, 1978, Mrs. Sesma entered Mercy General Hospital to give birth under the medical supervision of Dr. Cueto. In her deposition, Mrs. Sesma relates her concern and apprehension upon perceiving she did not receive the medical care and attention as did the other patients around her. She was of the opinion Dr. Cueto and other medical staff were not adequately monitoring her progress in labor. After a considerable period of time had passed, a nurse did examine her but failed to detect a fetal heartbeat. The medical staff became noticeably alarmed and Mrs. Sesma was given immediate medical attention. She was prepared for, given a spinal…