NY Ruling on Emotional Distress
The NY Court of Appeals has held that a mother cannot recover damages for the emotional distress she suffered as a result of giving birth to a disabled child.
This case grew out of a ruling in NY last year that allowed a mother to sue for emotional distress when her baby was stillborn or she miscarried. The reasoning used then was: There was no other way to hold the medical professional liable under then New York Law if the baby died because of malpractice. That case is Broadnax v. Gonzalez and Fahey v. Canino, 2 NY3d 148 (2004)
But the court said Tuesday that when the child is born alive and can bring a malpractice action for injuries that occurred in the womb, post-birth damages are available only to the infant.
Therefore the mother has no independent claim.
You can read the case here: Sheppard-Mobley v. King
Source: Yahoo and Law.com
