Outside Counsel

Medical Malpractice Damages in Infant Death Cases

, New York Law Journal

Annamarie Bondi-Stoddard, managing partner at Pegalis & Erickson, writes that prior to 2004 for a defendant to be held accountable for the death of a fetus due to medical negligence that fetus had to be born alive. If the infant was born alive and survived for any length of time then the damages compensable would be those in any traditional negligence action resulting in a wrongful death.

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