Coughlin v. G. WASHINGTON U. HEALTH PLAN

565 A.2d 67
CourtDistrict of Columbia Court of Appeals
DecidedOctober 18, 1989
Docket87-293
StatusPublished

This text of 565 A.2d 67 (Coughlin v. G. WASHINGTON U. HEALTH PLAN) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coughlin v. G. WASHINGTON U. HEALTH PLAN, 565 A.2d 67 (D.C. 1989).

Opinion

565 A.2d 67 (1989)

Maureen F. COUGHLIN, Appellant,
v.
GEORGE WASHINGTON UNIVERSITY HEALTH PLAN, INC. and The George Washington University Health Plan and George Washington University Medical Center, Appellees.

No. 87-293.

District of Columbia Court of Appeals.

Argued September 23, 1988.
Decided October 18, 1989.

*68 Mona Lyons, with whom William G. McLain and John W. Karr, Washington, D.C., were on brief, for appellant.

Leo A. Roth, Jr., with whom Sanford A. Friedman, Washington, D.C., were on brief, for appellees.

Before NEWMAN and FERREN, Associate Judges, and MACK,[1] Associate Judge, Retired.

NEWMAN, Associate Judge:

Maureen F. Coughlin appeals from an order of the Superior Court dismissing her action seeking recovery from George Washington University Health Plan, Inc., The George Washington University Health Plan and George Washington University Medical Center (collectively referred to as George Washington).[2] The trial court granted George Washington's motion to dismiss for failure to state a claim upon which relief can be granted. Super.Ct. Civ.R. 12(b)(6).

At this juncture in the case, we are presented with a very narrow and straight-forward question: whether an allegation by a woman that she sustained physical and emotional injuries arising from the negligent mismanagement of her hypertensive condition and attendant miscarriage states a cause of action for which relief can be granted. On appeal from a Rule 12(b)(6) dismissal, we must construe the complaint in the light most favorable to the plaintiff and regard as true the allegations made therein. Vicki Bagley Realty, Inc. v. Laufer, 482 A.2d 359, 364 (D.C.1984); McBryde v. Amoco Oil Co., 404 A.2d 200, 202 (D.C.1979). Dismissal should be upheld only when it "appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957) (footnote omitted); accord Laufer, supra, 482 A.2d 363-64 (noting this court's longstanding adherence to the rule established in Conley). We find that we cannot, as a matter of law, state that Coughlin herself was not injured as a consequence of *69 George Washington's alleged conduct, or that she could not recover damages upon proof of those injuries. Accordingly, we hold that the complaint adequately sets forth a cause of action. We reverse and remand for further proceedings.

I.

Coughlin filed a complaint in Superior Court alleging that she suffered both physical and emotional injury as a result of a miscarriage arising from George Washington's negligent mismanagement of her hypertensive condition during her pregnancy. Coughlin's allegations are more fully set out in the pretrial memoranda (which the trial court treated as an opposition to a motion to dismiss), wherein she states that the tests taken during her first visit to George Washington's obstetrical clinic revealed that her blood pressure was elevated and a diagnosis of "probable chronic hypertension" was noted on her medical record. Coughlin claims that despite the well-established high risks associated with elevated blood pressure during pregnancy, George Washington did not refer her to the separate clinic for high risk obstetrical patients, but instead provided her with only perfunctory prenatal care.

Coughlin asserts that her blood pressure continued to test in the elevated range at her subsequent appointments. At her fourth and final visit, Coughlin claims that her blood pressure tested at a level high enough to warrant immediate hospitalization for monitoring and treatment or, at a minimum, strict instructions for her to refrain from going to work and remain in bed. She alleges neither action was taken.

One week later, according to Coughlin, she returned to the clinic. At this time the resident physician was unable to detect a fetal heartbeat, and fetal death in utero was subsequently confirmed by sonogram. Five days later Coughlin was hospitalized for induction of labor. She "delivered" the dead fetus on August 3rd, following the second day of artificial labor induction procedures, which included the administration of up to triple strength dosages of Pitocin, a drug that causes painful intensification of uterine contractions, and the rectal insertion of suppositories of Prostaglandin, a drug that also stimulates uterine contractions.

Coughlin's injuries, concomitant with George Washington's alleged negligence, were described in the pleadings as follows:

[S]erious, permanent and painful bodily and emotional injuries, including but not limited to, unnecessary surgery and permanent injury to her body and the loss of her child; she was required to be hospitalized and to incur medical, hospital, and other expenses for the care and treatment of her injuries so sustained; she has experienced, and will in the future experience, pain and suffering, mental and emotional anguish and anxiety, humiliation, embarrassment, and distress; and has suffered and will continue to suffer the loss of her normal and recreational activities and the curtailment thereof. (Complaint, Rec. 236)
[E]normous physical and emotional pain and suffering during her pregnancy, and the subsequent labor and stillbirth. Her psychological pain and suffering is continuing and permanent, inasmuch as she suffers, and will continue to suffer, from the grief and anguish associated with the unnecessary termination of a wanted pregnancy and the loss of her fetus. . . . Ms. Coughlin was unable to resume work for five months after the stillbirth and lost approximately $15,000 in earnings. Further, when she returned to work in January, 1983, her grief rendered her unable to function adequately and she resigned four months later on April 15, 1983. Ms. Coughlin claims lost wages at the rate of $32,955 per annum until she was reemployed on April 14, 1986. (Pretrial Memorandum, Rec. 261-62)

In its answer, George Washington defended on the grounds of failure to state a claim upon which relief can be granted and lack of negligence; alternatively it pleaded contributory negligence and assumption of risk. In its pretrial memoranda (which the trial court treated as a motion to dismiss for failure to state a claim), George Washington urged dismissal of the complaint on *70 two grounds. First, George Washington argued that if any injury occurred, it was to the fetus and not to Coughlin, and therefore under Greater Southeast Community Hospital v. Williams, 482 A.2d 394 (D.C. 1984), the action should have been brought by the estate of the stillborn fetus under the District of Columbia's wrongful death and survival statutes. Second, George Washington contended, relying on Asuncion v. Columbia Hospital for Women, 514 A.2d 1187

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Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Johnson v. RUARK OBSTETRICS, ETC., PA
365 S.E.2d 909 (Court of Appeals of North Carolina, 1988)
Ledford v. Martin
359 S.E.2d 505 (Court of Appeals of North Carolina, 1987)
Modaber v. Kelley
348 S.E.2d 233 (Supreme Court of Virginia, 1986)
Bonbrest v. Kotz
65 F. Supp. 138 (District of Columbia, 1946)
District of Columbia v. Smith
436 A.2d 1294 (District of Columbia Court of Appeals, 1981)
Asuncion v. Columbia Hospital for Women
514 A.2d 1187 (District of Columbia Court of Appeals, 1986)
Greater Southeast Community Hospital v. Williams
482 A.2d 394 (District of Columbia Court of Appeals, 1984)
Vicki Bagley Realty, Inc. v. Laufer
482 A.2d 359 (District of Columbia Court of Appeals, 1984)
McBryde v. Amoco Oil Co.
404 A.2d 200 (District of Columbia Court of Appeals, 1979)
Snow v. Allen
151 So. 468 (Supreme Court of Alabama, 1933)
Coughlin v. George Washington University Health Plan, Inc.
565 A.2d 67 (District of Columbia Court of Appeals, 1989)
McBride v. Brookdale Hospital Medical Center
130 Misc. 2d 999 (New York Supreme Court, 1986)
Johnson v. Verrilli
134 Misc. 2d 582 (New York Supreme Court, 1987)

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Bluebook (online)
565 A.2d 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coughlin-v-g-washington-u-health-plan-dc-1989.