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I was pregnant and had a stillbirth when I was five months pregnant. I think it's because of something the nurse midwife did in the clinic when she examined me. I feel terrible. Do I have a case?

 

A: Unfortunately, the law in New York says clearly that if the baby was not born alive, there is no way to bring a lawsuit on behalf of your stillborn baby. However, the highest Court in New York (Court of Appeals) has recently held that a mother who suffers psychological and emotional trauma because of this stillbirth (presumably because of someone's wrongdoing), has the right to bring a lawsuit for her own psychological trauma. For more information about a potential case involving this type of fact pattern, please call me; 516-487-8207.