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 a New York Court of Appeals decision in 2005 captioned Sheppard-Mobley v. King doesn’t bar a plaintiff mother’s claim for emotional harm resulting from a lack of informed consent for certain prenatal procedures.
