For many years, Buffalo mothers whose child was stillborn as a result of medical malpractice could not recover any compensation for the emotional anguish of suffering a stillbirth. In 2004, the New York State Court of Appeals overruled this longstanding rule, finding it unfair that a woman who lost a baby had no legal recourse unless she was physically harmed. Although it has taken years, verdicts regarding the financial compensation due a mother in this situation are now being rendered – and appealed – in New York courts.
These current cases are important because they will strongly influence the amount of damages that will be placed on emotional suffering in future cases. Based on the lawsuit that has been appealed, the value in such cases may be significant.
The plaintiff in that case, Lucia Ferreira, had been to the hospital three times complaining of abdominal pain. She was given painkillers and sent home. Her baby was stillborn. A one million dollar verdict was rendered against Wyckoff Heights Medical Center, and this amount of compensation was upheld on appeal.
If you have been the victim of medical malpractice, we would be happy to answer your questions. Please feel free to call us at 716-542-5444.
{ 0 comments… add one now }