Medical Malpractice Lawyers Remind Women That New York Law Entitles Them To Damages For Emotional Anguish From Stillbirth Caused By Substandard Medical Care
Online, April 23, 2013 (Newswire.com) - Having a stillborn baby is one of the most tragic events a woman can possibly endure. Although some stillbirths are caused by factors beyond the physician's control, others are caused by substandard medical care. In cases where the negligence or reckless conduct of the physician caused the mother to have a stillborn baby, the mother has legal rights in filing a New York stillbirth lawsuit against her doctor for providing substandard medical care. Until 2004, neither a mother nor a fetus had a cause of action if a doctor negligently caused a miscarriage or stillborn. The Court of Appeals ended this anomaly in its ruling in the 2004 case Broadnax v. Gonzalez.
Broadnax fundamentally changed the law in New York by holding that "medical malpractice resulting in a miscarriage or stillbirth should be construed as a violation of a duty of care to the expectant mother, entitling her to damages for emotional distress." In other words, the holding in Broadnax provided the mother with redress in filing a New York stillbirth lawsuit for the physical injury inflicted in the womb during pregnancy or labor and delivery.
"Although there is no dollar amount that can compensate a woman for the loss of her child, it does not mean that the doctors should not be held accountable for their mistakes," said Jeff Korek, a partner at Gersowitz, Libo & Korek, P.C. Nearly three years later, in Mendez v. Bhattacharya, the court expanded Broadnax to hold that in cases where a baby is born alive, but has no signs of consciousness or awareness prior to death, the mother has a cause of action for emotional distress if the physical injury to the baby was caused by substandard medical care.
"As New York law now stands, medical malpractice that causes a miscarriage or stillbirth is a violation of the duty of care owed to the woman, entitling her to file a New York stillbirth lawsuit to recover damages for her emotional distress. This is the woman's rights for receiving substandard medical care," Korek further stated.
About Gersowitz, Libo & Korek, P.C.
The New York stillbirth lawsuit lawyers at Gersowitz, Libo & Korek, P.C. have devoted the past 25 years to helping injured people, including women who have experienced devastating stillbirths. These lawyers have the knowledge, experience and resources to successfully purse alltypes of injury cases. Serving the residents of New York and New Jersey, the lawyers at Gersowitz, Libo & Korek, P.C. are committed to the relentless pursuit of victims and their loved ones' rights.
For more information please visit us at www.lawyertime.com/practice-areas/medical-malpractice/stillborn-births-lawsuit-attorney
Contact:
Jeff S. Korek
GersowitzLibo & Korek, P.C.
jkorek@lawyertime.com
(212) 385-4410