A Manhattan appellate court appears to have changed the law for maternity patients in New York, in allowing an emotional distress claim for the delivery of a baby that died after eight days due to medical malpractice.
A 4-1 opinion on Thursday by Appellate Division, First Department Justice Julio Rodriguez said aNew York Court of Appeals decision in 2005 captioned Sheppard-Mobley v. Kingdoesn’t bara plaintiff mother’s claimfor emotional harm resulting from a lack of informed consent for certain prenatalprocedures.
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