Weathington is proud to share that on October 23, 2025, the Georgia Court of Appeals unanimously affirmed a trial court’s grant of summary judgment dismissing all claims against an Atlanta healthcare group and one of its physicians in a negligent and intentional infliction of emotional distress case arising from a difficult conversation following the delivery of a stillborn baby.
The case was argued by Erin Coia and briefed by Paul Weathington, Erin Coia, and Charles Haack.
On the NIED claim, the court held that the physical impact rule applies and, because no physical impact was shown, the claim was barred and no exception applied. On the IIED claim, the court held that the physician’s words did not amount to “extreme and outrageous” conduct, even given the doctor-patient relationship and the parents’ emotional fragility.
The court reaffirmed that IIED requires truly “extreme and outrageous” conduct, and that conduct falling below the medical standard of care is not enough to show “gross carelessness.” It also endorsed the physical impact rule as a necessary bright line to prevent a flood of similar litigation and to avoid a chilling effect on difficult but necessary physician-patient conversations. This ruling is a significant victory for physicians in Georgia.
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