Legal Question in Medical Malpractice in New York

Re: stillbirth

Your information is correct. New York is one of only a few states that say there is no negligence for a stillborn.

I don't agree with it, but that is the law.

There have been cases on behalf of the mother, if she cannot have other children, and there have even been cases where the mother has been traumatized as being "in the zone" of danger". Most often these cases are dismissed.

I began my practice as an associate professor of Legal Medicine at the State University of New York School of Medicine in Buffalo, and that has been the law for more than 35 years.

If you would like to discuss this further, please feel free to contact me.

Re: stillbirth

I am sorry for your loss. I disagree with the advise you have been given. There was a change in the law a few years ago. NY now recognizes a claim for the mother's emotional distress for a stillbirth caused by medical malpractice even without physical injury,

Do you have the medical records? Have you received any mental health care? Feel free to contact me. The above is for informational purppses only and not meant as legal advise.

Re: stillbirth

It has long been held under New York Law that neither distributees nor the mother or father of a stillborn fetus can recover for lost services or loss of offspring. There is, however, a potential claim for injury to the mother, mental and physical, if caused by the wrongdoing of a third party. Thank you. M. E. Zuller