Tebbutt v. Virostek
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Main, J. P.
Plaintiff Marta H. Tebbutt commenced this action to recover only for her emotional distress resulting from the alleged medical malpractice and negligence of defendant which caused the stillbirth of her child.1 Special Term dismissed the complaint as insufficient as a matter of law. Although we are sympathetic to plaintiff’s action and, in fact, believe the better rule would recognize plaintiff’s action, we are constrained to affirm in light of recent decisions by the Court of Appeals.
*232Defendant, a licensed physician, was caring for plaintiff who, at 35 years of…
2Cases cited13 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Becker v. SchwartzNew York Court of Appeals · 1978
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Woods v. LancetNew York Court of Appeals · 1951
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3Cited by6 opinions
- Wittrock v. Maimonides Medical Center-Maimonides HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Creed v. United HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- McBride v. Brookdale Hospital Medical CenterNew York Supreme Court · 1986
- Khan v. Hip Hospital, Inc.New York Supreme Court · 1985
- Indilicato v. Bellevue Maternity Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
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