Practice Areas
Blog 
Birth Injury
- FL Wrongful Birth Medical Malpractice Case Yields $4.5 Award; Repercussions in New York?
- Most OB-GYN Guidelines are Based on Opinion and Weak Information!
- Smoking and Birth Defects Are Now Definitively Linked! Click Here To Find Out More!
- Kingston medical malpractice lawyer exposes the flawed logic of Governor Cuomo's neurologically impaired infant's fund
- Open Letter to Governor Cuomo about your Budget
News
Posted on 12/15/2010
Posted on 4/7/2010
Posted on 4/5/2010
Library
Birth Injury
- Birth injury is preventable in most cases in Kingston, New York
- Learn what you can expect in each stage of your labor and delivery in Kingston, New York
- Spotting signs of fetal distress can be crucial to the prevention of birth injuries in Kingston, New York
- Find out why you may not want to induce your labor in Kingston, New York
- Learn the warning signs of a placenta abruption and be prepared for his potentially fatal complication in Kingston, New York
Can the expectant father recover damages for emotional harm when medical malpractice causes a miscarriage or stillborn?
A: No. In Broadnax v. Gonzalez, 2 N.Y.3d 148 (2004), overturning 19 years of precedent, the Court of Appeals ruled that two women who claimed medical error led to the deaths of their unborn children could recover for their emotional distress. The facts in Broadnax involved the death of a full-term stillborn girl.
The Court of Appeals in Broadnax limited a mother's recovery only to damages for the emotional distress attending a stillbirth or miscarriage caused by medical malpractice. The court did not extend the holding to the father of the unborn child, reasoning that the physician does not owe a duty of care to the father of the unborn child.
The New York's Court of Appeals tailored the Broadnax decision to limit recovery to expectant mothers. In footnote #3 of the decision, the Court of Appeals in Broadnax explicitly rejects emotional distress claims brought by expectant fathers. The court ultimately decided that the duty of care runs only to the mother. Thus, the law only permits a mother to recover emotional damages if her unborn child does not have its own cause of action for pain and suffering.
Free Book
The Seven Deadly Mistakes of Malpractice Victims
ONE BIG PROMISE
You will not be another of the 98,000 victims of medical malpractice in the United States in 2009 if you read my FREE BOOK. I have a book that will tell you why most victims of medical malpractice never recover a penny. If you are the victim of medical malpractice, we will rush this free, valuable information so you know what to do. If you don't call now, you have only yourself to blame.
You will never have to worry about medical malpractice again if you call this toll-free number, 866-889-6882, for your free book, The Seven Deadly Mistakes of Malpractice Victims, and an audio CD of the book, or you can request the book here and the book will be rushed to you immediately at no cost.
(New York residents only)
Connect With Us
Are we friends on Twitter and Facebook yet? I regularly post tips and advice about medical malpractice that I know you’ll enjoy. Click the links and let’s connect!
Free Case Evaluation
Begin your case review by filling out the form below or call us at 866.689.9692
John H. Fisher
303 Clinton Avenue
Kingston, New York 12402-3058
Phone: 518.265.9131
Toll Free: 866.889.6882
Get Directions
Contact Info
John H. Fisher
303 Clinton Avenue
Kingston, New York 12402-3058
Phone: 518.265.9131
Toll Free: 866.889.6882