Carey v. Lovett

In Carey v. Lovett, 132 N.J. 44, 58, 622 A.2d 1279 (1993), the Supreme Court of New Jersey recognized the unique relationship between mother and fetus and dispensed with any requirement that the mother be aware of the contemporaneous malpractice and injury to the fetus or be shocked by the result. However, the standard for recovery by the mother set forth in Carey is as follows: To prove a claim for emotional distress arising out of the injury or death of a fetus, the mother must prove that she suffered emotional distress so severe that it resulted in physical manifestations or that it destroyed her basic emotional security. Id. at 61, 622 A.2d 1279.