Angeles v. Brownsville Valley Regional Medical Center, Inc

In Angeles v. Brownsville Valley Regional Medical Center, Inc. 960 S.W.2d 854 (Tex. App.--Corpus Christi 1997, pet. denied), the plaintiffs sued the hospital alleging that about three months after they were promised their stillborn fetus would be respectfully disposed of, they learned that no one had disposed of the fetus and that it was preserved in a plastic-type container at the hospital. Id. The plaintiffs sued on various theories, including breach of the Deceptive Trade Practices Act, breach of contract, intentional infliction of emotional distress, and general negligence. Id. at 857. The Court held that the trial court did not abuse its discretion in allowing nurse and physician expert testimony on whether any applicable standards of care for handling a stillborn fetus were met, even though the plaintiffs argued their case was not one for medical malpractice. Id. at 864-65.