Facts

On Sept. 24, 2007, Augustina Flores gave birth at Scripps Mercy Hospital. The baby was a stillborn. Flores and the baby's father, Jose Carmona, sued the attending physician, Joseph Buyse, M.D., for malpractice

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that Buyse failed to timely sign and state the cause of death on the baby's death certificate, and delayed cremation, thereby negligently causing plaintiffs emotional distress.

DEFENDANT'S CONTENTIONS:
The defense denied the allegations and asserted that initial cause of death was rejected such that defendant had to wait for more information as to other potential causes of death. Buyse argued that plaintiffs did not sustain any damages.

Settlement Discussions

The plaintiffs demanded $30,000 and the defense did not return an offer.

Damages

The plaintiffs sought $100,000.

Injuries

Plaintiffs claimed emotional distress.

Result

The jury awarded plaintiffs $11,000.

Other Information

The Doctors Company insured Buyse.