Legal Question in Personal Injury in New York

I recently broke up with my g/f only to have her tell me that she was pregnant. A week later she said she got her period and everything is fine, then said she was pregnant again and that her period was short and irregular. She claimed to have taken 2 at home pregnancy tests and had the doctor perform one at Planned Parenthood. After 2 months of deciding what to do, and going back and forth, she informed me she had scheduled an abortion for Friday of the following week. 2 days before she called and said she woke up with blood in her bed and she rushed to the hospital and miscarried. I had suspicions so I called the specific hospital and they had no record of her being there. When I questioned her, she said she went to Planned Parenthood, who I later found out, had not seen her in over a year. She was not there for a pregnancy test, a miscarriage, and the scheduled appointment was for an annual checkup, not an abortion. Also, I have a medical condition which may or may not cause me to be sterile, and the whole thing has caused me a great deal of stress and uncertainty. I am a first year law student and was about to quit school to support the baby, and have had anxiety and insomnia since I found out, but no physical problems. As I said I have just started law school, and would like to know if there is a claim here for Intentional Infliction of Emotional Distress, Fraud, Negligent Misrepresentation, etc. There isn't any loss of income so I suppose compensatory damages are out, but do I have a claim and can I sue only for punitive? Also, in the meantime, we were having unprotected sex because I believed her to be pregnant. She did not become pregnant as a result so I'm not sure if this is relevant.


Asked on 10/01/10, 5:56 pm

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