Legal Opinion
Sheppard-Mobley v. King
New York Court of Appeals
Decided May 10, 2005PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
In Broadnax v Gonzalez and Fahey v Canino (2 NY3d 148 [2004]), this Court held that medical malpractice resulting in a miscarriage or stillbirth must be construed as a violation of the duty of care to the expectant mother, entitling her to damages for emotional distress. This case calls upon us to determine whether an expectant mother may recover damages for emotional harm where the alleged medical malpractice causes in útero injury to the fetus, subsequently born alive. We hold that, under Broadnax/Fahey, she may not.
In July 1999, plaintiff Karen Sheppard…
2Cases cited7 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Woods v. LancetNew York Court of Appeals · 1951
- Endresz v. FriedbergNew York Court of Appeals · 1969
- Broadnax v. GonzalezNew York Court of Appeals · 2004
- Martinez v. Long Island Jewish Hillside Medical CenterNew York Court of Appeals · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Nieves v. New York Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Pahlad v. BrustmanAppellate Division of the Supreme Court of the State of New York · 2006
- Mendez v. BhattacharyaNew York Supreme Court · 2007
- Levin v. New York City Health & Hosps. Corp., (Harlem Hosp. Ctr.)Appellate Division of the Supreme Court of the State of New York · 2014
- Ward v. SafajouAppellate Division of the Supreme Court of the State of New York · 2016
17 more not listed; retrieve them via the Exa API.