Legal Question in Legal Ethics in Pennsylvania

In september of 2010 i found out that one of the identical twins i was carrying had passed away. I was induced in feb of 2011 and since my labor progressed so quickly i was forced to have a midwife deliver my baby. when my deceased child was delivered she made a big scene of calling all the nurses in the room over to take a look and we were horrified. My question is if i have a right to make a claim against her malpractice insurance for emotional distress?


Asked on 1/25/12, 6:53 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

I am very sorry to hear about your loss. I am a parent of twins myself so I could only imagine how difficult this must have been.

Unfortunately, it doesn't sound like you have a claim. The only way you would have a claim would be if they were at fault for the death of the child. If you believe they may have been at fault, then you will certainly want to speak with an attorney.

Most firms, including mine, offer free consultations for these matters. If you believe they are at fault, please feel free to call me.

Justin C. Gearty Jr., Esquire

Phone: 717-490-6325

Email: [email protected]

Website: www.GeartyLawOffices.com

DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship. Additional facts are needed to provide accurate legal advice. If you believe you have a case, you are hereby advised against acting based solely on advice on a site such as this instead of having a thorough consultation with a licensed attorney.

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Answered on 2/07/12, 7:40 am


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