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Women can recover for emotional distress in miscarriage cases.

Publication: Trial
Publication Date: 01-JUN-04
Format: Online - approximately 926 words
Delivery: Immediate Online Access
Full Article Title: Women can recover for emotional distress in miscarriage cases.(New York)

Article Excerpt
Overturning 19 years of precedent, the New York Court of Appeals recently ruled that two women who claimed medical error led to the deaths of their unborn children could recover damages for their emotional distress. (Broadnax v. Gonzalez, No. 02426, 2004 WL 635298 (N.Y. Apr. 1, 2004).)

The decision not only brings New York in line with most states, which allow expectant parents to recover damages for a negligently caused miscarriage or stillbirth; it sets new precedent by permitting expectant mothers to recover for their own emotional distress related to the event. Expectant fathers can now bring a claim for loss of consortium.

Most states let parents bring wrongful death claims in these cases, said Margaret Jasper of South Salem, New York, who argued the case for the plaintiffs. "Some states have a cutoff at viability', and a...

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