Can you recover for emotional damages if your child is stillborn due to medical malpractice in New York?

 

A: Yes, parents whose child is born stillborn may be able to recover emotional damages in a New York medical malpractice lawsuit. In 2004, the New York Court of Appeals ruled that mothers could recover for emotional suffering if medical malpractice, negligence or carelessness caused them to suffer a stillbirth, even if the mother herself suffered no physical harm.

Now, seven years after the historic ruling, the first cases of this kind are making their way through the appeals process and courts, New York medical malpractice lawyers, insurance companies, and most importantly grieving parents, are struggling to put a price tag on this unique type of emotional suffering.

If you have suffered the death of a stillborn child due to medical malpractice in New York then you should contact a New York medical malpractice attorney to discuss your legal rights and potential recovery. An experienced New York City medical malpractice lawyer at The Pagan Law Firm would be pleased to provide you with a free consultation and, if you have a valid cause of action, to represent you and use our resources to fight for your fair recovery. For more information, please call us today at 1-800-PAGAN-911.