Legal Opinion

DiGeronimo v. Fuchs

New York Supreme Court

Decided August 4, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Joseph J. Maltese, J.

Facts

The plaintiff was 34 years old when she sought prenatal care from Dr. Fuchs on September 25, 2003 after becoming pregnant *208by in vitro fertilization. The plaintiff is a Jehovah’s Witness, and is firmly opposed to receiving “allogenic” blood products derived from other persons. The plaintiff alleges she chose providers of obstetrical care who she believed would honor her desire not to receive allogenic blood products. The plaintiff claims that she would have accepted an “autologous” blood transfusion derived from her own blood for any necessary…

2Cases cited17 opinions

  1. Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
  2. Weiner v. Lenox Hill HospitalNew York Court of Appeals · 1996
  3. Rebozo v. WilenAppellate Division of the Supreme Court of the State of New York · 2007
  4. Phillips v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Geffner v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2008

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