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Re: OB: Court Rules on Stillborn Death Damages From: DoctorJoe@aol.com Sat Apr 3 13:05:35 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: art fougner, md: "Re: OB: Court Rules on Stillborn Death Damages" Previous message: Richard Chudacoff, MD: "Re: sexual dysfunction" Maybe in reply to: art fougner, md: "OB: Court Rules on Stillborn Death Damages" Next in thread: art fougner, md: "Re: OB: Court Rules on Stillborn Death Damages" Reply: art fougner, md: "Re: OB: Court Rules on Stillborn Death Damages" In a message dated 4/3/04 12:31:49, evsono@pipeline.com writes: > That earlier ruling created what Rosenblatt called a "logical gap" in > legal precedent.  Since 1985, mothers have not been able to get > compensation for emotional damages when they miscarried or their babies > were stillborn due to malpractice.  Yet, in cases where babies were > damaged in the womb due to malpractice and born alive, their mothers can > seek emotional damages. > They did this a while back in Louisiana. The logic is: If the baby is "damaged" and born alive, only to die in the first few minutes of life, why would the doctor be liable for any negligence then, if he's not liable for the baby who died BEFORE the lady got to c-section? Of course, he's still liable for the malpractice, but the question was, can the woman get emotional damages. I don't see any difference. Joe P. Next message: art fougner, md: "Re: OB: Court Rules on Stillborn Death Damages" Previous message: Richard Chudacoff, MD: "Re: sexual dysfunction" Maybe in reply to: art fougner, md: "OB: Court Rules on Stillborn Death Damages" Next in thread: art fougner, md: "Re: OB: Court Rules on Stillborn Death Damages" Reply: art fougner, md: "Re: OB: Court Rules on Stillborn Death Damages"

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