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Re: OB: Court Rules on Stillborn Death Damages From: art fougner, md (evsono@pipeline.com) Sat Apr 3 15:48:39 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: art fougner, md: "Re: Bicornuate Uterus" Previous message: DoctorJoe@aol.com: "Re: OB: Court Rules on Stillborn Death Damages" In reply to: DoctorJoe@aol.com: "Re: OB: Court Rules on Stillborn Death Damages" Joe with an expected significant hike in NY's malpractice premiums coming in July, this is NOT going to help. we'll see how this plays out. art At Sat, 3 Apr 2004, DoctorJoe@aol.com wrote: > >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 w o >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 d n't >see any difference. > >Joe P. -- art fougner, md ich bin ein New Yorker Next message: art fougner, md: "Re: Bicornuate Uterus" Previous message: DoctorJoe@aol.com: "Re: OB: Court Rules on Stillborn Death Damages" In reply to: DoctorJoe@aol.com: "Re: OB: Court Rules on Stillborn Death Damages"

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