This section contains the nature of the case and procedural background.

P was nine months pregnant and began experiencing severe back pains. She spoke with one of her physicians by telephone and then proceeded to D where she was admitted shortly after midnight. P's uterus ruptured, and the fetus was delivered stillborn. P sued claiming that she was not properly monitored, observed, or treated by Ds and that her injuries and the death of the fetus were the direct result of Ds' negligence. Ds filed motions to dismiss or in the alternative for summary judgment. The trial court sustained Ds' motions to dismiss which denied recovery for the death of a viable but unborn child. The Court of Appeals affirmed the decision of the trial court. P appealed.

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