BRUCE’S BLOG: Emotional Distress Claim

Allowed in Malpractice Suit Over Still Born Twins

Attorney Bruce Zero, Powell Law Scranton PARecently, Lackawanna County Court of Common Pleas Judge, Terence R Nealon in the case of Page v. Moses Taylor Hospital awarded an emotional distress claim to a mother who gave birth to still born twins.

Judge Nealon said the Plaintiff had a viable claim under the “physical impact” rule, since giving birth to a still born child physically impacts a mother.

The Plaintiff provided evidence that she experienced physical manifestation of her emotional distress such as persistent depression, nausea, sleep disturbance, nightmares, flashbacks, breathing difficulties or hysterical attacks. Judge Nealon found that Plaintiff may recover damages for negligent infliction of emotional distress under these circumstances.

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