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Re: Mother May Claim Emotional Damages for Harm at Birth From: RModugno@aol.com Fri Jun 11 12:54:00 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: art fougner, md: "Re: Mother May Claim Emotional Damages for Harm at Birth" Previous message: ainsron: "Mother May Claim Emotional Damages for Harm at Birth" Maybe in reply to: ainsron: "Mother May Claim Emotional Damages for Harm at Birth" Next in thread: art fougner, md: "Re: Mother May Claim Emotional Damages for Harm at Birth" Reply: art fougner, md: "Re: Mother May Claim Emotional Damages for Harm at Birth" In a message dated 6/11/2004 1:29:24 PM Eastern Daylight Time, dean@thehuffpeople.net writes: > > . > > Mother May Claim Emotional Damages for Harm at Birth > > New York Law Journal > > A New York state appeals court has ruled that a woman may sue for emotional > suffering due to alleged medical malpractice that caused her baby to be born > with serious defects. The Appellate Division, 2nd Department expanded on a New > York Court of Appeals decision to allow damage awards for malpractice that > leads to miscarriages and stillbirths, holding that the duty owed to the mother > is the same whether the child is stillborn or born in an > impaired state. > > http://www.law.com/jsp/article.jsp?id=1086706007863 But it was the mother who decided not to have the late term abortion, thus allowing the birth of a deformed child.In addition the fetus can claim for its in utero pain and suffering. All I can say is: Obstetrics in the U.S, may it rest in peace.In my opinion,The only solution to this untenable situation is the creation of medical courts as advocated by Common Good. Robert Modugno MD MBA FACOG http://www.novaobgyn.yourmd.com Marietta, GA robert Modugno MD MBA FACOG http://www.novaobgyn.yourmd.com Next message: art fougner, md: "Re: Mother May Claim Emotional Damages for Harm at Birth" Previous message: ainsron: "Mother May Claim Emotional Damages for Harm at Birth" Maybe in reply to: ainsron: "Mother May Claim Emotional Damages for Harm at Birth" Next in thread: art fougner, md: "Re: Mother May Claim Emotional Damages for Harm at Birth" Reply: art fougner, md: "Re: Mother May Claim Emotional Damages for Harm at Birth"

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