Stillbirth Malpractice Suits Make Headway in New York

Sep 8, 2011

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."

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