In this case the Court of Appeals considered whether an expectant mother may recover damages for emotional harm where her baby was injured in utero injury and subsequently born alive. When Plaintiff Karen Sheppard learned that she was pregnant, her obstetrician, Dr. King, also informed her that she had fibroids…
In New York, a medical malpractice case must be filed within 2.5 years of when the underlying act of negligence occurred. CPLR 214-a. However, in extraordinary circumstances, the doctrine of equitable estoppel can be invoked to revive time-barred claims. In Pahlad, the Appellate Division considered whether a time-barred medical malpractice…
In a medical malpractice case where the jury found the defendant to have been negligent, resulting in a severe injury to the plaintiff, the defendant asked the second department to determine whether the jury award should be set aside as excessive. Background On November 12, 2011, 27-year old Cinthya Arcos…
In a medical malpractice case where the jury found the defendants liable for the plaintiff’s birth injury, the second department was asked to determine whether a new trial should be ordered. Background On June 1, 2010, 38 years old Vashti Daisely, who was in the late stages of pregnancy, went…