A mother whose newborn infant never showed signs of consciousness and died within 45 minutes of birth may pursue a claim for her own emotional distress, Bronx Supreme Court Justice Diane T. Renwick has ruled. The ruling attempts to fill a legal gap under New York law between in utero deaths (for which mothers may pursue emotional-distress claims) and the deaths of newborns who experience consciousness (for whom pain-and-suffering claims may be filed).
April 13, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A mother whose newborn infant never showed signs of consciousness and died within 45 minutes of birth may pursue a claim for her own emotional distress, a Bronx Supreme Court judge has ruled.
The ruling attempts to fill a legal gap under New York law between in utero deaths (for which mothers may pursue emotional-distress claims) and the deaths of newborns who experience consciousness (for whom pain-and-suffering claims may be filed).
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