In the case of Burgess v. Superior Court (2 Cal.4^th 1064, 9 Cal.Rptr.2d 615, 831 P.2d 1197 (1192), a mother delivered a baby and the obstetrician negligently caused the child to suffer brain damage. Burgess sued for damage to the baby, but also for emotional distress.

• The Court held that there are two classes of emotional distress claims:
• Where the plaintiff is a bystander who has no preexisting relationship with the defendant.
• Where the plaintiff is in a relationship (here doctor-patient) and the claim is based on a breach of duty assumed by the defendant that arises out of the relationship.
• For bystander claims, the rule for liability is described in Thing v. LaChusa.
• For special relationship claims like this one, liability is based on the relationship between the parties.
• Both parties understood that a physician owes a duty to a pregnant woman not to negligently damage her baby.
• Basically, if you are in a preexisting relationship with someone, and are deemed responsible for their happiness, you can be held liable for emotional distress because you have a duty to care about their happiness.