According to the New York Times article in August 2011, two stillbirth
malpractice
suits in New York made legal headway by prompting state courts to reverse
their stance on only allowing pain and suffering suits. The ruling stated
that "it was unfair to leave a devastated woman who lost a baby with
no legal recourse, even if she suffered no physical harm." The first
case was based in Brooklyn, where the court upheld a $1 million verdict
against a hospital, after a pregnant woman made three visits complaining
of abdominal pain, was given a prescription for pain killers, and sent
home. She delivered a stillborn baby. This case has become an arguing
point for a Bronx mother, turning down a $500,000 malpractice settlement
for her stillborn child, with her lawyers stating that "the [Brooklyn]
verdict set a $1 million standard that should be accepted in the Bronx."
