There are few things as tragic as the loss of an infant. When a baby’s death is caused by avoidable medical errors, though, it can be all the more traumatic. Doctors that cause fatal birth injuries can be held accountable for any damages they cause, but they will often try to avoid liability. For example, in a recent New York opinion, doctors argued that the plaintiff should not be awarded damages for emotional distress because her child was born alive. If you suffered the loss of a baby due to the reckless acts of a physician, it is wise to confer with a Syracuse medical malpractice lawyer to discuss what evidence you must offer to demonstrate fault.
Factual and Procedural Background
It is reported that the plaintiff went to the hospital to deliver her child and was cared for by the defendant doctors during labor and delivery. The plaintiff ultimately underwent a c-section. The medical records indicated that the infant was floppy and had no heart rate or spontaneous respiration after he was removed from her womb.
The plaintiff filed a lawsuit against the defendants alleging, among other things, that their medical malpractice caused her to deliver a stillborn baby, thereby causing her emotional distress. The defendants moved for summary judgment on the plaintiff’s claims premised on her emotional distress, arguing that she could not recover for emotional distress because the child was born alive. The court granted the motion, and the plaintiff appealed. Continue reading