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Re: Mother May Claim Emotional Damages for Harm at Birth From: Joe (forcep@intercom.net) Fri Jun 11 22:20:39 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: DoctorJoe@aol.com: "Re: Mother May Claim Emotional Damages for Harm at Birth" Previous message: art fougner, md: "Re: 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: DoctorJoe@aol.com: "Re: Mother May Claim Emotional Damages for Harm at Birth" Once this nonsense gets thru the halls of our medical schools,well, its taps.Joe, what are we missing here? 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 Next message: DoctorJoe@aol.com: "Re: Mother May Claim Emotional Damages for Harm at Birth" Previous message: art fougner, md: "Re: 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: DoctorJoe@aol.com: "Re: Mother May Claim Emotional Damages for Harm at Birth"

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