Re: Mother May Claim Emotional Damages for Harm at Birth

From: art fougner, md (evsono@pipeline.com)
Fri Jun 11 14:29:56 2004


have said this before :

U N I O N

art

At Fri, 11 Jun 2004, RModugno@aol.com wrote: >
>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

--
art fougner, md
ich bin ein New Yorker




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